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Mayflower District Court
#state-of-mayflower-v-weimerican_boz
This is the start of #state-of-mayflower-v-weimerican_boz channel.
shah
shah 2024-09-01 07:13 p.m.
CASE INFORMATION**

IN THE CLARK COUNTY DISTRICT COURT

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CR-0002-24 State of Mayflower v. Weimerican_Boz,

Trial Type: Misdeameanour

Judge Assigned: Judge Kezzera

Complaint Link: Complaint Link Here

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UPCOMING COURT DATES**

` ‌ ...
Labels
Misdemeanor
shah pinned a message to this channel.2025-06-21 08:36 p.m.
shah
shah 2024-09-01 07:17 p.m.
@andysofun
shah
shah 2024-09-01 07:18 p.m.
Please file a notice of appearance(edited)
shahshah
Please file a notice of appearance(edited)
andysofun
andysofun 2024-09-01 07:36 p.m.
senior state attorney andysofun appearing on behalf of the state
andysofun
andysofun 2024-09-01 07:36 p.m.
is that good^
shah
shah 2024-09-01 07:38 p.m.
up to judge : )
Kezzera
Kezzera 2024-09-01 07:40 p.m.
Nothing explicit as to what form the notice must be in and in interest of reducing the amount of paper used in these proceedings I'll accept that as sufficient notice @andysofun (you should correct me if im wrong somehow but i've checked this)
Kezzera
Kezzera 2024-09-01 07:43 p.m.
@shah For notice to take effect fully you and or I will put a comment on that card indicating the notice in the following form for now:

Notice of Appearance

The clerk confirms that andysofun is permitted to practice in this court and appears for the State of Mayflower
✅3
shah
shah 2024-09-01 07:56 p.m.
@morale
Kezzera
Kezzera 2024-09-01 07:56 p.m.
(oversight request)
Kezzera
Kezzera 2024-09-01 08:07 p.m.
@andysofun Mr andy can you confirm you are in receipt of any info relating to the Defendant such as his attorney
Kezzera
Kezzera 2024-09-01 08:07 p.m.
(or if he has any for that matter)
KezzeraKezzera
@andysofun Mr andy can you confirm you are in receipt of any info relating to the Defendant such as his attorney
andysofun
andysofun 2024-09-01 08:07 p.m.
I don't believe he has an attorney yet
andysofun
andysofun 2024-09-01 08:07 p.m.
Probably needs to be served
Kezzera
Kezzera 2024-09-01 08:08 p.m.
I need to determine whether we need to proceed with any formal requirement for him to appear or if he can just make first contact with the court here on Discord asap
Kezzera
Kezzera 2024-09-01 08:08 p.m.
Has there been any contact made with him whatsoever
Kezzera
Kezzera 2024-09-01 08:08 p.m.
within the past say, 3 hours?
andysofun
andysofun 2024-09-01 08:08 p.m.
No your honor
Kezzera
Kezzera 2024-09-01 08:08 p.m.
or whenever this was filed
Kezzera
Kezzera 2024-09-01 08:08 p.m.
Okay
Kezzera
Kezzera 2024-09-01 08:08 p.m.
Can we attempt to contact him if we have his discord
Kezzera
Kezzera 2024-09-01 08:09 p.m.
Idk his so if you're able to fetch the clerk will be happy to get the ball rolling with servicing copies and such directly to the defendant
Kezzera
Kezzera 2024-09-01 08:09 p.m.
@shah cc
andysofun
andysofun 2024-09-01 08:09 p.m.
andysofun
andysofun 2024-09-01 08:09 p.m.
american_hegemony1
Kezzera
Kezzera 2024-09-01 08:09 p.m.
It's the mayor?
KezzeraKezzera
It's the mayor?
andysofun
andysofun 2024-09-01 08:12 p.m.
I guess so
Kezzera
Kezzera 2024-09-01 08:12 p.m.
Alright should be an absolutely easy find then
Kezzera
Kezzera 2024-09-01 08:13 p.m.
thought it'd be finding a needle in a haystack
shah
shah 2024-09-01 08:23 p.m.
I've messaged him asking to voluntarily cooperate
shah
shah 2024-09-01 08:23 p.m.
No response as of yet
Kezzera
Kezzera 2024-09-01 08:24 p.m.
Not sure what time it is for you but how does 3 hours sound
Kezzera
Kezzera 2024-09-01 08:25 p.m.
We're time limited as to the summoning aspect so I cannot delay it for very long
Kezzera
Kezzera 2024-09-01 08:25 p.m.
@andysofun
andysofun
andysofun 2024-09-01 08:25 p.m.
3 hours is good
andysofun
andysofun 2024-09-01 08:26 p.m.
I know he's fairly active because he talks quite a bit on discord
Kezzera
Kezzera 2024-09-01 08:26 p.m.
Okay I will give it 3 hours, I may come back earlier and revisit if there's any issue
Kezzera
Kezzera 2024-09-01 08:27 p.m.
Likewise I'll ask the same from you if we need to have the paperwork done sooner @andysofun(edited)
Kezzera
Kezzera 2024-09-01 08:28 p.m.
Pre-set confrontation is usually abrasive and not the best form of justice so
Kezzera
Kezzera 2024-09-01 08:49 p.m.
@andysofun Clerk gave me a message about the defendant talking in the main server general channel
Kezzera
Kezzera 2024-09-01 08:49 p.m.
after notice was served
Kezzera
Kezzera 2024-09-01 08:49 p.m.
We might need to consider paperwork, I'll check back in about 11 minutes
KezzeraKezzera
@andysofun Clerk gave me a message about the defendant talking in the main server general channel
andysofun
andysofun 2024-09-01 09:04 p.m.
I pinged him with an invite to the discord because he's talking about the case there right now
Kezzera
Kezzera 2024-09-01 09:05 p.m.
He's definitely aware then
Kezzera
Kezzera 2024-09-01 09:06 p.m.
It's a bit weird, just had a spasm with the rules a bit
Kezzera
Kezzera 2024-09-01 09:13 p.m.
@andysofun interesting situation, talked about it with the clerk and our processes guy
Kezzera
Kezzera 2024-09-01 09:13 p.m.
It's a little vague as to the processes for misdemeanor cases
Kezzera
Kezzera 2024-09-01 09:13 p.m.
a pure one at that
Kezzera
Kezzera 2024-09-01 09:14 p.m.
@andysofun Are you potentially open to the idea set out in Mayfl. R. Crim. P. 11(2)?(edited)
KezzeraKezzera
@andysofun Are you potentially open to the idea set out in Mayfl. R. Crim. P. 11(2)?(edited)
andysofun
andysofun 2024-09-01 09:17 p.m.
I believe that's in regard to trials
andysofun
andysofun 2024-09-01 09:17 p.m.
But I think at this time he's neglecting to appear
Kezzera
Kezzera 2024-09-01 09:17 p.m.
I mean i'd broadly interpret it as all proceedings not just explicitly trials
andysofun
andysofun 2024-09-01 09:18 p.m.
we could probably hold arraignment in absentia until he appears
andysofunandysofun
But I think at this time he's neglecting to appear
Kezzera
Kezzera 2024-09-01 09:18 p.m.
Whether this much time is sufficient to declare neglect is a question to deal with later but since he did talk in general for instance, we know he's on and technically he's expected to respond (as soon as he can)(edited)
Kezzera
Kezzera 2024-09-01 09:18 p.m.
No, I'm not fond of that idea
Kezzera
Kezzera 2024-09-01 09:18 p.m.
I'd like it if he was present
Kezzera
Kezzera 2024-09-01 09:18 p.m.
Considering we don't even have a lawyer for him
Kezzera
Kezzera 2024-09-01 09:18 p.m.
or let alone, don't know if wehave PDs available
Kezzera
Kezzera 2024-09-01 09:19 p.m.
There's not adequate representation for the defendant from what I see
Kezzera
Kezzera 2024-09-01 09:24 p.m.
@andysofun
Kezzera
Kezzera 2024-09-01 09:25 p.m.
I'm likely going to issue a summons at this rate
KezzeraKezzera
I'm likely going to issue a summons at this rate
andysofun
andysofun 2024-09-01 09:25 p.m.
If the clerk has sent him a DM to join then isn't he already served
Kezzera
Kezzera 2024-09-01 09:26 p.m.
He has but I'd like to not wait too long
Kezzera
Kezzera 2024-09-01 09:26 p.m.
How long would you give it before you think the court should act
andysofun
andysofun 2024-09-01 09:28 p.m.
Rule 4 (4) of the rules of criminal procedures say that after 48 hours a not guilty plea is entered
Kezzera
Kezzera 2024-09-01 09:29 p.m.
after summons
Kezzera
Kezzera 2024-09-01 09:29 p.m.
He's been give a voluntary invitation at my direction
Kezzera
Kezzera 2024-09-01 09:29 p.m.
I have technically not given permission for him to be summoned
Kezzera
Kezzera 2024-09-01 09:30 p.m.
which I'm sure includes texts that commands him to appear before the court
Kezzera
Kezzera 2024-09-01 09:30 p.m.
@andysofun
KezzeraKezzera
He's been give a voluntary invitation at my direction
andysofun
andysofun 2024-09-01 09:31 p.m.
I feel that's basically a summons
andysofun
andysofun 2024-09-01 09:31 p.m.
But I suppose the court could officially summon him to be sure that he knows he has to appear
Kezzera
Kezzera 2024-09-01 09:32 p.m.
well, actually I'm wrong, it can be a simple invitation too (not necessarily use language such as command) but it'd also have to likely include explicit dates and stuff, which I don't think was done - more or so just an ASAP come here kinda thing, clerk can confirm when they're available(edited)
andysofunandysofun
But I suppose the court could officially summon him to be sure that he knows he has to appear
Kezzera
Kezzera 2024-09-01 09:33 p.m.
Yes, I was also going to mention
Kezzera
Kezzera 2024-09-01 09:33 p.m.
I'd like to be absolutely clear about that hence invitation was likely given in simple language and more relaxed(edited)
Kezzera
Kezzera 2024-09-01 09:34 p.m.
To be absolutely safe I'd issue a full, written summons
Kezzera
Kezzera 2024-09-01 09:34 p.m.
where it's clear what it is essentially
Kezzera
Kezzera 2024-09-01 09:35 p.m.
I'd like to avoid the discussions about nuances related to what a summons is here, it's not entirely productive and we're already expected to know so
Kezzera
Kezzera 2024-09-01 09:35 p.m.
@andysofun
KezzeraKezzera
well, actually I'm wrong, it can be a simple invitation too (not necessarily use language such as command) but it'd also have to likely include explicit dates and stuff, which I do...(edited)
Kezzera
Kezzera 2024-09-01 09:35 p.m.
@shah for when you're up, confirm the form used in invite(edited)
shah
shah 2024-09-01 09:37 p.m.
andysofun
andysofun 2024-09-01 09:38 p.m.
Yeah I think the defendant should be served again but more forceful message
Kezzera
Kezzera 2024-09-01 09:38 p.m.
yeah I'd not take that as a summons fully
Kezzera
Kezzera 2024-09-01 09:38 p.m.
Yeah
Kezzera
Kezzera 2024-09-01 09:39 p.m.
Are we confident on probable cause as well
andysofun
andysofun 2024-09-01 09:39 p.m.
Yes, I'd ask the court to find probable cause in the case based on the affidavit
Kezzera
Kezzera 2024-09-01 09:40 p.m.
I'll have a read again just to be sure
Kezzera
Kezzera 2024-09-01 09:41 p.m.
What on earth is Rule 2(3)? @andysofun
Kezzera
Kezzera 2024-09-01 09:42 p.m.
Does he mean Rule 2(1)(2)?
KezzeraKezzera
What on earth is Rule 2(3)? @andysofun
andysofun
andysofun 2024-09-01 09:44 p.m.
rule 2(3) requires the judge to find probable cause prior to service
andysofun
andysofun 2024-09-01 09:44 p.m.
Kezzera
Kezzera 2024-09-01 09:47 p.m.
That's Rule 3(3), might've changed somehow(edited)
Kezzera
Kezzera 2024-09-01 09:47 p.m.
I was confused there for a second
Kezzera
Kezzera 2024-09-01 09:47 p.m.
This is what I'm going off of
Kezzera
Kezzera 2024-09-01 09:48 p.m.
I'll have that corrected on record, thanks for clarifying at least
Kezzera
Kezzera 2024-09-01 09:48 p.m.
@andysofun I also find probable cause
Kezzera
Kezzera 2024-09-01 09:48 p.m.
A summons will be prepared and filed here shortly
Kezzera
Kezzera 2024-09-01 11:18 p.m.
He has two accounts
Kezzera
Kezzera 2024-09-01 11:18 p.m.
Wha
Kezzera
Kezzera 2024-09-01 11:42 p.m.
I've messaged the one with the pink pfp on it
Kezzera
Kezzera 2024-09-01 11:46 p.m.
@andysofun The defendant has arrived
Kezzera
Kezzera 2024-09-01 11:47 p.m.
@Boz Can you see and send messages here
Boz
Boz 2024-09-01 11:48 p.m.
:👋:
Boz
Boz 2024-09-01 11:48 p.m.
Yes
Kezzera
Kezzera 2024-09-01 11:49 p.m.
Hello
Kezzera
Kezzera 2024-09-01 11:49 p.m.
Thank you for appearing
Kezzera
Kezzera 2024-09-01 11:49 p.m.
Your summons is executed and satisfied etc
Kezzera
Kezzera 2024-09-01 11:50 p.m.
Any previous concerns I had regarding your response to this case will be dropped since you did respond in a reasonable time - your old discord account was the one we made contact and got no info from so apologies made
Kezzera
Kezzera 2024-09-01 11:50 p.m.
Do you have an attorney you intend to represent you for these proceedings
Kezzera
Kezzera 2024-09-01 11:50 p.m.
@Boz
Boz
Boz 2024-09-01 11:53 p.m.
I will be representing myself in this case
Kezzera
Kezzera 2024-09-02 12:02 a.m.
Are you aware of the disadvantages that may come from representing yourself?
Boz
Boz 2024-09-02 12:04 a.m.
Yes, I understand.
Kezzera
Kezzera 2024-09-02 12:38 a.m.
Sorry for getting back a bit late
Boz
Boz 2024-09-02 12:46 a.m.
cant be worse than acerxtro
Kezzera
Kezzera 2024-09-02 12:54 a.m.
I want you to be aware of the following:
- I cannot give you legal advice. This is not my job as a judge.
- You are responsible for formulating your own legal arguments, including matters that are points of law (if permitted to be heard in this court). I cannot give any guidance on that.
- I cannot help you complete or fill out any forms or write anything for you
- I cannot change or simplify the process for you, I must follow the process (if required to do so). I may explain certain parts of the process more simply if it is possible and necessary
- You would seriously benefit from having a lawyer who will be more familiar with the rules and be able to work through them
(edited)
BozBoz
cant be worse than acerxtro
Kezzera
Kezzera 2024-09-02 12:54 a.m.
not sure what this means but i will hope he's not worse than i am
KezzeraKezzera
I want you to be aware of the following: - I cannot give you legal advice. This is not my job as a judge. - You are responsible for formulating your own legal arguments, including ...(edited)
Kezzera
Kezzera 2024-09-02 12:54 a.m.
@Boz
KezzeraKezzera
@Boz
Boz
Boz 2024-09-02 01:05 a.m.
Ill be taking @polyrabies on as council, if you could kindly add him.(edited)
Kezzera
Kezzera 2024-09-02 01:10 a.m.
Great thanks
Kezzera
Kezzera 2024-09-02 01:23 a.m.
@polyrabies
polyrabies
polyrabies 2024-09-02 01:49 a.m.
I'm present.
polyrabies
polyrabies 2024-09-02 01:50 a.m.
for the record, I'm confirming my representation of the Defendant.
Kezzera
Kezzera 2024-09-02 01:52 a.m.
Many thanks for that I'll accept that as notice of your appearance
Kezzera
Kezzera 2024-09-02 01:52 a.m.
and seeming the state attorney is not present I won't get an immediate response
Kezzera
Kezzera 2024-09-02 01:52 a.m.
I'd like to consider arranging arraignment as soon as it is possible - please confirm availability (day and times)
polyrabies
polyrabies 2024-09-02 01:53 a.m.
Will it be done in game or over discord?
Kezzera
Kezzera 2024-09-02 01:54 a.m.
Looking to do in-game but if we must we will do it over Discord
polyrabies
polyrabies 2024-09-02 01:54 a.m.
I'd prefer over discord, I'm available 3 pm - 11 PM AEDT weekdays
🙏1
Kezzera
Kezzera 2024-09-02 01:55 a.m.
Afterwards it is likely to be in-game, trial is defo most likely to be in-game
Kezzera
Kezzera 2024-09-02 01:55 a.m.
(reactions indicate acknowledgment)
KezzeraKezzera
I'd like to consider arranging arraignment as soon as it is possible - please confirm availability (day and times)
Kezzera
Kezzera 2024-09-02 02:06 a.m.
@andysofun (for when you're up)
KezzeraKezzera
@andysofun (for when you're up)
andysofun
andysofun 2024-09-02 09:29 a.m.
Basically anytime today as long as I get advance notice
andysofun
andysofun 2024-09-02 09:33 a.m.
and for tomorrow I'm busy 8am-7 pm est
Kezzera
Kezzera 2024-09-02 12:19 p.m.
We do have some seriously different timezones
Kezzera
Kezzera 2024-09-02 12:21 p.m.
@andysofun You would have to be available at 1am, etc. if we were to proceed in-game today for instance(edited)
Kezzera
Kezzera 2024-09-02 12:22 p.m.
Otherwise we will consider async in Discord for arraignment owing to time constraints, please confirm preferences then I will set a time
Kezzera
Kezzera 2024-09-02 12:29 p.m.
@andysofun @polyrabies
Kezzera
Kezzera 2024-09-02 01:39 p.m.
I also confirm that the chief justice has been very kind to us
Kezzera
Kezzera 2024-09-02 01:40 p.m.
He's allowed us to use the Lander courthouse until the Mersea courthouse can be guaranteed more security(edited)
Kezzera
Kezzera 2024-09-02 01:40 p.m.
So if we were to proceed in-game we would do it there, etc.
Kezzera
Kezzera 2024-09-02 01:40 p.m.
and Lander will be the venue going forward, for this case at least(edited)
KezzeraKezzera
@andysofun You would have to be available at 1am, etc. if we were to proceed in-game today for instance(edited)
andysofun
andysofun 2024-09-02 03:02 p.m.
I have school so can't do it
Kezzera
Kezzera 2024-09-02 03:21 p.m.
wonderful.
Kezzera
Kezzera 2024-09-02 03:25 p.m.
I'll arraign asynchronously then
Kezzera
Kezzera 2024-09-02 03:59 p.m.
@andysofun @polyrabies In an asynchronous arraignment I will set a deadline instead of a particular time to be present.

The venue is: state-of-mayflower-v-weimerican_boz
The deadline I have set is: Wednesday, September 4, 2024 at 6:59 p.m. . I am willing to extend by another day if necessary.

I will direct that @Boz will officially confirm their identity to the court by responding to this message

OR

Direct that @polyrabies confirms the identity of the defendant and @Boz agrees to such confirmation. I will consider this to have the same effect as above.

THEN

I will ask that by the deadline the defendant gives his plea @Boz . Mr. Boz you should discuss this with your attorney @polyrabies before you decide what to plead.

I will ask that you give a plea to each charges separately. This means that if you intend to plead guilty on the first charge, it will only be for the first charge and not the whole set of charges in your information. You need to tell me your plea for the second charge, etc.

Please respond:
1. How do you plead to the first count of Evasion, contrary to 1 MSC § 1307?
2. How do you plead to the second count of Hit and Run, contrary to 1 MSC § 3204?
3. How do you plead to the third count of Reckless Driving, contrary to 2 MSC § 1212?
4. How do you plead to the fourth count of Excessive Speeding, contrary to 2 MSC § 1215?

No further matters are considered at this time. If rule permit, you may submit motions however they won't be dealt with immediately unless required.
KezzeraKezzera
@andysofun @polyrabies In an asynchronous arraignment I will set a deadline instead of a particular time to be present. The venue is: state-of-mayflower-v-weimerican_boz ...
polyrabies
polyrabies 2024-09-03 02:00 a.m.
As Counsel for Weimerican_Boz Roblox ID:2369072726 I hereby confirm his identify as Roblox User:Weimerican_Boz, Roblox ID:2369072726 .

On the first count of Evasion, contrary to 1 MSC § 1307. We plead not guilty

On the second count of Hit and Run, contrary to 1 MSC § 3204. We plead not guilty.

On the third count of Reckless Driving, contrary to 2 MSC § 1212. We plead not guilty.

On the fourth count of Excessive Speeding contrary to 2 MSC § 1215. We plead not guilty.
polyrabiespolyrabies
As Counsel for Weimerican_Boz Roblox ID:2369072726 I hereby confirm his identify as Roblox User:Weimerican_Boz, Roblox ID:2369072726 . On the first count of Evasion, contrary to 1...
Kezzera
Kezzera 2024-09-03 12:48 p.m.
@Boz Your confirmation will be sufficient for these
Kezzera
Kezzera 2024-09-03 12:49 p.m.
I do need to hear word from you
polyrabiespolyrabies
As Counsel for Weimerican_Boz Roblox ID:2369072726 I hereby confirm his identify as Roblox User:Weimerican_Boz, Roblox ID:2369072726 . On the first count of Evasion, contrary to 1...
Boz
Boz 2024-09-03 05:41 p.m.
I confirm these statements from my council
❤️1
Kezzera
Kezzera 2024-09-03 06:00 p.m.
Thank you
Kezzera
Kezzera 2024-09-03 09:46 p.m.
@polyrabies @andysofun @Boz Good morning/afternoon/evening

I have recognised that the defendant has pleaded NOT GUILTY to all counts 1-4. We will proceed with the pre-trial proceedings.

We will begin with:
- Motions for Discovery and Disclosures, etc.; and
- Pre-trial motions (where permitted).

We will also consider the possibility of scheduling a pre-trial hearing to hear probable cause on all the evidence intended to be used by the state (if it is necessary, this will be determined based on what evidence will be used)
(edited)
Kezzera
Kezzera 2024-09-03 09:52 p.m.
I would like to remind the state that you must to the best of your ability and in good honest faith disclose any and all evidence that you intend to present in support of the state's case including those that may harm it (I remind both about the Brady decision).
Kezzera
Kezzera 2024-09-03 09:53 p.m.
This is a continuing obligation up until trial.
Kezzera
Kezzera 2024-09-03 09:54 p.m.
For the hearing, I am unlikely to make any exceptions and may require this to be in-game as I would need the defendant present. Where this proves to be a burden on everyone in this case I will seek to make adjustments that is permitted under the rules.
Kezzera
Kezzera 2024-09-04 07:25 p.m.
@andysofun @polyrabies Can I get an idea as to when you both will begin the paperwork for discovery, etc. and any intentions to file motions and what you may intend to file within the next few days
polyrabies
polyrabies 2024-09-04 07:26 p.m.
Well I'm waiting to receive brady material.
polyrabies
polyrabies 2024-09-04 07:26 p.m.
Once I've received the brady material I will be able to proceed with motions.
polyrabies
polyrabies 2024-09-04 07:27 p.m.
I'm also respectfully asking the court imposes a timelimit for the State to handover all brady material to allow the defense to review the legally priviledged material in a timely manner. @Kezzera
polyrabiespolyrabies
Once I've received the brady material I will be able to proceed with motions.
Kezzera
Kezzera 2024-09-04 07:27 p.m.
Many thanks
polyrabiespolyrabies
I'm also respectfully asking the court imposes a timelimit for the State to handover all brady material to allow the defense to review the legally priviledged material in a timely ...
Kezzera
Kezzera 2024-09-04 07:30 p.m.
Please put it in writing with the reasons if applicable (I won't suggest to you what reasons to put, trust you are fully capable to produce this)
Kezzera
Kezzera 2024-09-04 07:31 p.m.
(and if it's written, state must respond)
Kezzera
Kezzera 2024-09-04 11:36 p.m.
FYI If you believe the writing is inappropriate and instead feel just stating your reasons here (I will consider it as oral reasons) would be enough to warrant a response from the state then I will allow it provided the reasons are short. You would still need to provide all the requisite and appropriate material to support your request if necessary.
polyrabies
polyrabies 2024-09-04 11:39 p.m.
I think its best if the defense gives the state more time
Kezzera
Kezzera 2024-09-04 11:39 p.m.
As to the form, both the state and defendant have discretion as to how they may present the motion (in general most motions will be formatted this way):
- in writing, the case reference should distinguish the parties involved (here, state v. weimerican_boz) in full on a separate area of the written motion, followed with the case information including the judge. The title of the motion should start with "Motion" followed by the relief sought. The body should be composed of either discernible indentation for when a paragraph starts and ends, or a numbered paragraph. You must sign these written motions and serve the requisite copies as appropriate (or whatever the rules dictate).
- if oral, please instead provide the TITLE of your motion: start with "Motion" then press ctrl+enter twice, then follow with bullet point paragraphs or numbered paragraphs. You do not need to sign this.
Kezzera
Kezzera 2024-09-04 11:40 p.m.
oh that was quick
polyrabiespolyrabies
I think its best if the defense gives the state more time
Kezzera
Kezzera 2024-09-04 11:40 p.m.
I don't get what you are stating here(edited)
Kezzera
Kezzera 2024-09-04 11:40 p.m.
You want to give the state more time to collect evidence?
Kezzera
Kezzera 2024-09-04 11:41 p.m.
Are you assuming the state does not have evidence ready for their case or?
polyrabies
polyrabies 2024-09-04 11:41 p.m.
No, since there's no official deadline for brady to be turned. I dont believe its appropriate to file a motion for you to review to compell them to release it. I believe the state is reasonable enough to provide the brady within a timely manner as it was already directed to them to provide it.
Kezzera
Kezzera 2024-09-04 11:42 p.m.
That's completely fair and reasonable
Kezzera
Kezzera 2024-09-04 11:42 p.m.
It will be up to you to decide whether to take action on that if you suspect unreasonable delay (or whoever)
Kezzera
Kezzera 2024-09-04 11:42 p.m.
and thus file to the court the appropriate requests at a later time
Kezzera
Kezzera 2024-09-04 11:42 p.m.
I see no reason to compel the state to hand over anything immediately given we are within time
Kezzera
Kezzera 2024-09-04 11:43 p.m.
It is after all I think the third day of proceedings
Kezzera
Kezzera 2024-09-04 11:43 p.m.
Anything else, state and defendants are more than welcome to dump here and we can all discuss it(edited)
Kezzera
Kezzera 2024-09-04 11:44 p.m.
also bless betty white @polyrabies
polyrabies
polyrabies 2024-09-04 11:44 p.m.
I agree
❤️1
KezzeraKezzera
@andysofun @polyrabies Can I get an idea as to when you both will begin the paperwork for discovery, etc. and any intentions to file motions and what you may ...
andysofun
andysofun 2024-09-05 09:33 p.m.
I can likely file discovery this weekend
Kezzera
Kezzera 2024-09-05 09:37 p.m.
That should be fine, I will expect it either on Friday, Saturday or Sunday then @andysofun
Kezzera
Kezzera 2024-09-06 02:12 p.m.
@andysofun For your convenience I will set the time to be 11:59PM UTC-7 sunday as the final, expected time. This isn't a hard deadline but it may make your case much more difficult if you do not file by then - if you weren't able to by that time please explain why in simple terms. Happy weekend to all
Boz
Boz 2024-09-06 04:45 p.m.
:❤️:
❤️1
Boz
Boz 2024-09-06 04:46 p.m.
Happy weekend
andysofun
andysofun 2024-09-07 10:29 a.m.
Submitted @polyrabies @Kezzera
Kezzera
Kezzera 2024-09-07 11:27 a.m.
@andysofun Please post it in filing-center for the clerk's convenience
KezzeraKezzera
@andysofun Please post it in filing-center for the clerk's convenience
andysofun
andysofun 2024-09-07 02:31 p.m.
done :👍:
andysofunandysofun
Submitted @polyrabies @Kezzera
polyrabies
polyrabies 2024-09-07 06:20 p.m.
Greatly appreciated.
Kezzera
Kezzera 2024-09-07 08:46 p.m.
@polyrabies @andysofun Thank you for the discovery
Kezzera
Kezzera 2024-09-07 08:46 p.m.
I will take it then that what you attached on the affidavit from earlier as to be the state's only evidence
Kezzera
Kezzera 2024-09-07 08:47 p.m.
I'll get back to this in a bit
polyrabies
polyrabies 2024-09-07 08:47 p.m.
Can you remind the defense of the pre trial period length
Kezzera
Kezzera 2024-09-07 08:48 p.m.
(Sorry, in addition, the two witnesses) and yes one second
Kezzera
Kezzera 2024-09-07 08:53 p.m.
We are on the 5th day of pre-trial proceedings and we can engage at most 10 days before we must consider any extensions
Kezzera
Kezzera 2024-09-07 08:53 p.m.
@polyrabies
Kezzera
Kezzera 2024-09-07 08:54 p.m.
(I'm counting off on the UTC-7 timeline)
polyrabies
polyrabies 2024-09-07 08:54 p.m.
Okay thanks
Kezzera
Kezzera 2024-09-07 08:55 p.m.
I'll consider getting a probable cause hearing scheduled as soon as possible, I'll come up with something to make it work
Kezzera
Kezzera 2024-09-07 08:55 p.m.
@polyrabies @andysofun
Kezzera
Kezzera 2024-09-07 09:55 p.m.
@polyrabies @andysofun Please provide me your availability for this upcoming week so I can get a better idea of when to schedule it
Kezzera
Kezzera 2024-09-07 09:56 p.m.
I'm not likely able to consider Discord for this nor for actual trials
polyrabies
polyrabies 2024-09-07 10:21 p.m.
3 PM - 10 PM AEDT Monday - sunday
❤️1
KezzeraKezzera
I'll consider getting a probable cause hearing scheduled as soon as possible, I'll come up with something to make it work
andysofun
andysofun 2024-09-08 11:59 a.m.
The state doesn’t believe a probable cause hearing is necessary
andysofun
andysofun 2024-09-08 11:59 a.m.
As the affidavit submitted already establishes probable cause
Kezzera
Kezzera 2024-09-08 07:01 p.m.
I raised it because you named two witnesses
Kezzera
Kezzera 2024-09-08 07:01 p.m.
to which I need something from them confirming their accounts
Kezzera
Kezzera 2024-09-08 07:01 p.m.
a statement at minimum
Kezzera
Kezzera 2024-09-08 07:01 p.m.
@andysofun
Kezzera
Kezzera 2024-09-08 08:04 p.m.
@polyrabies @andysofun Speaking of which, are you guys intending to waive the probable cause hearing?
andysofun
andysofun 2024-09-08 08:09 p.m.
I’d like to waive it if the defense is fine with it
KezzeraKezzera
to which I need something from them confirming their accounts
andysofun
andysofun 2024-09-08 08:09 p.m.
A probable cause affidavit can rely on hearsay
andysofunandysofun
A probable cause affidavit can rely on hearsay
Kezzera
Kezzera 2024-09-08 08:13 p.m.
I don't have their accounts
polyrabies
polyrabies 2024-09-09 06:00 a.m.
@Kezzera respectfully submitted your honor, wont let me file it through the bot though
Kezzera
Kezzera 2024-09-09 02:21 p.m.
No worries will file
andysofunandysofun
A probable cause affidavit can rely on hearsay
Kezzera
Kezzera 2024-09-09 02:22 p.m.
Yes but I don't have statements from the witnesses you listed, so I need to get something from them
Kezzera
Kezzera 2024-09-09 02:22 p.m.
Some positive identification that these are lay witnesses, etc.(edited)
Kezzera
Kezzera 2024-09-09 02:23 p.m.
Likewise defendant would cross examine them too at such a stage
Kezzera
Kezzera 2024-09-09 02:25 p.m.
@polyrabies I'd like to consider the MTD at the hearing if possible
Kezzera
Kezzera 2024-09-09 02:25 p.m.
@andysofun You will likely need to respond to it
Kezzera
Kezzera 2024-09-09 02:25 p.m.
@polyrabies In the mean time - is the defendant intending to waive the preliminary hearing or no?
Kezzera
Kezzera 2024-09-09 02:26 p.m.
The state claims no need for it but I don't see any reason to entertain that
KezzeraKezzera
@polyrabies In the mean time - is the defendant intending to waive the preliminary hearing or no?
polyrabies
polyrabies 2024-09-09 05:39 p.m.
No
Kezzera
Kezzera 2024-09-09 06:31 p.m.
Alright
Kezzera
Kezzera 2024-09-09 06:32 p.m.
@andysofun I'll require you to provide me a time as soon as it is possible
Kezzera
Kezzera 2024-09-10 01:27 a.m.
Where circumstances are particularly difficult for us to be present in either Mersea or Lander we will do it here, however I need reasons. If we do it here it will be asynchronous or synchronous and I will outline how we'll proceed with the preliminary hearing.(edited)
Kezzera
Kezzera 2024-09-10 01:27 a.m.
The preliminary hearing will be primarily to
- establish probable cause, and
- hold a discussion on the MTD filed
Kezzera
Kezzera 2024-09-10 01:30 a.m.
We cannot consider Discord arrangements for the actual trial. That's very unlikely.(edited)
KezzeraKezzera
@andysofun I'll require you to provide me a time as soon as it is possible
andysofun
andysofun 2024-09-10 11:01 a.m.
I’m available after 6 during weekdays
❤️1
andysofun
andysofun 2024-09-10 11:01 a.m.
And on the weekend I’m very available as long as I get advanced notice
KezzeraKezzera
@polyrabies I'd like to consider the MTD at the hearing if possible
andysofun
andysofun 2024-09-10 11:02 a.m.
I’d like to make a verbal response to the motion at the probable cause hearing
andysofunandysofun
I’m available after 6 during weekdays
Kezzera
Kezzera 2024-09-10 01:03 p.m.
Thanks
andysofunandysofun
I’d like to make a verbal response to the motion at the probable cause hearing
Kezzera
Kezzera 2024-09-10 01:15 p.m.
Are you sure
andysofun
andysofun 2024-09-10 03:36 p.m.
Yeah I think a verbal response is all that's needed
andysofun
andysofun 2024-09-10 03:36 p.m.
my response to the motion is really simple
Kezzera
Kezzera 2024-09-10 07:32 p.m.
Fine, but make sure you disclose your response entirely
Kezzera
Kezzera 2024-09-10 07:33 p.m.
and if the defense is there, obviously
Kezzera
Kezzera 2024-09-11 10:21 a.m.
@andysofun @polyrabies Your availabilites are not compatible
Kezzera
Kezzera 2024-09-11 10:21 a.m.
with eachother
Kezzera
Kezzera 2024-09-11 10:22 a.m.
So it's either that you both agree to a time, or otherwise agree to someother arrangement like Discord
Kezzera
Kezzera 2024-09-11 10:22 a.m.
I cannot allow that for trials, but I am open to probable cause here if we have to
Kezzera
Kezzera 2024-09-11 10:22 a.m.
I will need Weimerican to be fully aware if it is done here
Kezzera
Kezzera 2024-09-11 10:22 a.m.
and it will be async if on Discord
Kezzera
Kezzera 2024-09-11 10:23 a.m.
My availability is on the website + basically any hour needed
Kezzera
Kezzera 2024-09-11 10:24 a.m.
I would like to have this sorted as soon as possible now, we're running out of time
Kezzera
Kezzera 2024-09-11 10:24 a.m.
The deadline forpre-trial is the 12th
Kezzera
Kezzera 2024-09-11 10:24 a.m.
If we have to extend, it needs to be moved
Kezzera
Kezzera 2024-09-11 10:25 a.m.
and I won't delay by much more than a few days, it'll get into risky territory with speedy etc.
Kezzera
Kezzera 2024-09-11 10:25 a.m.
(if we need more than a few days, I need good reasons - availability is not at all one)
polyrabies
polyrabies 2024-09-11 10:48 p.m.
discord please
❤️1
Boz
Boz 2024-09-11 10:50 p.m.
^
Kezzera
Kezzera 2024-09-12 01:31 p.m.
might just go with that at this rate...
Kezzera
Kezzera 2024-09-12 01:32 p.m.
alright, info in a bit
Kezzera
Kezzera 2024-09-13 01:17 a.m.
@Boz @polyrabies @andysofun I will consider then a preliminary hearing to be held asynchronously, in such a case I will set a deadline for this to happen.

Before we do this, we must consider a short extension. In appreciation of these proceedings taking a rather slow time, I will invite either to request such an extension and to the length of it under the rules of this court (District Court rules).

If an extension is agreed, I anticipate a deadline two days from the moment it is extended, and the deadline will not exceed the agreed extension period. This is negotiable depending on what arrangement we agree to.

I propose the following process for the asynchronous approach:

The preliminary hearing will receive submissions from the state to show whether there is enough evidence for the case to go to trial -- as to the witnesses, the state may request the presence of the defendants in this channel to give their accounts. The physical evidence is in the court's filings so we will be able to review it without any delay. The defendants have an opportunity to cross-examine and I will permit them to provide questions and answers over a period of time. Where this is inefficient or otherwise could cause prejudice, I will consider the option of examining written, certified statements instead although there may be potential risks to that approach. The defendants are also free to present material etc. in support of their defence likewise.

I make a decision after all of this has been done to decide whether there is enough to proceed to trial. If there is, I will schedule a trial and this cannot be accommodated with Discord appearances. If I find there isn't, I will discharge the defendant from these proceedings.
(edited)
Kezzera
Kezzera 2024-09-13 01:18 a.m.
I expect a response either agreeing to the proposal in full, or rejection with any potential issues raised - you are welcome to suggest a better approach.
Kezzera
Kezzera 2024-09-13 01:18 a.m.
In a normal case we would be doing this in-game with little to no issue.
Kezzera
Kezzera 2024-09-13 01:19 a.m.
Today is the last day we can make such arrangements before this case exceeds its pretrial time allowance, so I expect a response urgently.
polyrabies
polyrabies 2024-09-13 03:30 a.m.
I do agree with the proposals
Kezzera
Kezzera 2024-09-13 04:47 p.m.
Someone needs to request an extension otherwise we're in breach of the rules
KezzeraKezzera
I expect a response either agreeing to the proposal in full, or rejection with any potential issues raised - you are welcome to suggest a better approach.
andysofun
andysofun 2024-09-13 07:50 p.m.
I still maintain that we don’t need a preliminary hearing
andysofun
andysofun 2024-09-13 07:50 p.m.
No state law, court rule, or provision of the constitution entitles the defense to one
andysofun
andysofun 2024-09-13 07:51 p.m.
And I’m unaware of any court precedent holding that a defendant has the right to a preliminary hearing
Kezzera
Kezzera 2024-09-13 09:25 p.m.
I have determined there should be one, it's under Rule 7
Kezzera
Kezzera 2024-09-13 09:25 p.m.
and it's on the basis of your two lay witnesses
Kezzera
Kezzera 2024-09-13 09:26 p.m.
I will not accept this to be challenged further, we're approaching the pre-trial deadline
Kezzera
Kezzera 2024-09-13 10:31 p.m.
I'll have to enter a sua sponte order
Kezzera
Kezzera 2024-09-14 03:28 a.m.
@andysofun @polyrabies @Boz
Kezzera
Kezzera 2024-09-14 03:29 a.m.
I have consulted on this issue with some justices and believe this is the best approach to take.
Kezzera
Kezzera 2024-09-14 03:29 a.m.
I have extended this by 3 days
polyrabies
polyrabies 2024-09-14 03:29 a.m.
your honor when do you believe you'll be able to rule on the MTD?
Kezzera
Kezzera 2024-09-14 03:29 a.m.
I have ordered the State to make a response to the MTD by the 17th
Kezzera
Kezzera 2024-09-14 03:29 a.m.
if I cannot get a response by then, I will enter a decision as soon as the deadline lapses
polyrabies
polyrabies 2024-09-14 03:30 a.m.
Okay.
Kezzera
Kezzera 2024-09-14 03:30 a.m.
The response from the State was delayed due to my fault
Kezzera
Kezzera 2024-09-14 03:30 a.m.
so I am now correcting everything
Kezzera
Kezzera 2024-09-14 03:30 a.m.
I have provided more time for you to prepare everything, please feel free to move things along if you wish
Kezzera
Kezzera 2024-09-14 03:30 a.m.
otherwise I have set deadlines within that order
polyrabies
polyrabies 2024-09-14 03:31 a.m.
understood and acknowledged
Kezzera
Kezzera 2024-09-14 03:31 a.m.
Sincerest apologies for the slow progress
andysofun
andysofun 2024-09-14 11:11 a.m.
I'm available for the hearing preliminary hearing whenever this weekend @Kezzera
andysofun
andysofun 2024-09-14 11:11 a.m.
and I'll submit a written response soon to the motion
andysofun
andysofun 2024-09-14 11:13 a.m.
except sunday im busy 1-5
andysofun
andysofun 2024-09-14 11:13 a.m.
pm est
andysofun
andysofun 2024-09-14 11:31 a.m.
submitted @Kezzera @polyrabies
andysofunandysofun
submitted @Kezzera @polyrabies
Kezzera
Kezzera 2024-09-14 05:06 p.m.
Thank you
KezzeraKezzera
@Boz @polyrabies @andysofun I will consider then a preliminary hearing to be held asynchronously, in such a case I will set a deadline for t...(edited)
Kezzera
Kezzera 2024-09-16 12:30 a.m.
We will proceed with this method then. @andysofun @polyrabies @Boz
Kezzera
Kezzera 2024-09-16 12:31 a.m.
I will set the deadline at September 17, 2024 at 6:59 a.m. to begin proceedings and conclude (if more time is needed, I will just extend it accordingly at this rate). @andysofun I will for convenience add the witnesses you have mentioned here.(edited)
Kezzera
Kezzera 2024-09-16 12:34 a.m.
I will submit notice to the witnesses in simple form so that they're aware of this case and I will consider this as sufficient - a written order will be entered for the record as well and the witnesses will get a copy(edited)
Kezzera
Kezzera 2024-09-16 12:35 a.m.
@billy @Matt
billy
billy 2024-09-16 12:37 a.m.
billy
billy 2024-09-16 12:38 a.m.
present
billybilly
Click to see attachment.
Kezzera
Kezzera 2024-09-16 12:38 a.m.
Thank you Mr Billy
Matt
Matt 2024-09-16 07:01 a.m.
Present
andysofun
andysofun 2024-09-16 11:05 a.m.
@Kezzera I’ll be questioning parkrangerbilly first
Kezzera
Kezzera 2024-09-16 03:51 p.m.
I'll allow that @andysofun Submit your questions
polyrabies
polyrabies 2024-09-17 01:54 a.m.
@Kezzera can you please rule on the MTD
Kezzera
Kezzera 2024-09-17 03:34 a.m.
yes, im getting to it
andysofunandysofun
@Kezzera I’ll be questioning parkrangerbilly first
Kezzera
Kezzera 2024-09-17 03:35 a.m.
@andysofun Please submit your questions in bulk to Billy
@billy I'll ask you respond to all questions in full
@polyrabies You are permitted to cross-examine when possible, in bulk questions if possible
andysofunandysofun
@Kezzera I’ll be questioning parkrangerbilly first
billy
billy 2024-09-17 03:39 a.m.
Hi
andysofun
andysofun 2024-09-18 08:23 p.m.
Will send questions once I can access a computer
andysofun
andysofun 2024-09-19 05:10 p.m.
1. What is your username?
2. Watch this video https://cdn.discordapp.com/attachments/591423301679841300/1279538251027189800/Roblox_2024-08-31_12-23-26_-_Trim.mp4?ex=66eddadb&is=66ec895b&hm=0b7b6486678d622dd5e19d79896e8ed2175609701c45a46da5ebe479a2ee4f44&
3. On the 31st of August, 2024, were you driving down the freeway toward Mersea?
4. While driving, did you see Weimerican_Boz pass you?
5. What was their manner of driving?
6. How fast were they going?
7. What was the speed limit?
8. Did they almost hit anyone?
9. When you saw Weimerican_Boz driving in a dangerous manner, did you attempt to pull them over?
10. Did you turn on your lights and sirens in your attempt to stop them?
11. Did they stop for your lights and sirens?
12. Did you continue to persue them down the freeway?
13. Did they ever collide with your car?
14. Did they stop after colliding with your car?
("they" referring to Weimerican_Boz)
andysofun
andysofun 2024-09-19 05:10 p.m.
@billy
billy
billy 2024-09-20 11:51 p.m.
ParkRangerBilly
billy
billy 2024-09-20 11:51 p.m.
Yes
billy
billy 2024-09-20 11:53 p.m.
Yes
billy
billy 2024-09-20 11:53 p.m.
Yes
billy
billy 2024-09-20 11:54 p.m.
5. Reckless and erratic
billy
billy 2024-09-20 11:55 p.m.
6. Cant say for certian how fast he was going as I didnt clock him, but if I werer to speculate roughly the top speed of the evora
billy
billy 2024-09-20 11:55 p.m.
Which is 105 MPH
billy
billy 2024-09-20 11:56 p.m.
7. The speed limit for that stretch of the freeway is 70mph
billy
billy 2024-09-20 11:57 p.m.
8, they didnt hit anyone directly, but they desynced one CCSO deputy
billy
billy 2024-09-20 11:57 p.m.
9, yes
billy
billy 2024-09-20 11:57 p.m.
10, Yes
billy
billy 2024-09-20 11:59 p.m.
11, No, they did not
billy
billy 2024-09-21 12:00 a.m.
12. Yes
billy
billy 2024-09-21 12:00 a.m.
13. No
billy
billy 2024-09-21 12:01 a.m.
14. There wasnt a collision with thier car, only a failed pit on my end
billy
billy 2024-09-21 02:55 p.m.
polyrabies
polyrabies 2024-09-21 06:52 p.m.
@Kezzera we object to question 6 due to speculation
polyrabies
polyrabies 2024-09-21 06:53 p.m.
the witnesses response specifically is whats being objected to
polyrabies
polyrabies 2024-09-21 06:53 p.m.
and I kindly ask the court to allow the defense to proceed with our cross examination
billy
billy 2024-09-21 11:30 p.m.
andysofun
andysofun 2024-09-22 10:34 a.m.
a witness is able to visually tell the speed of the car
billybilly
14. There wasnt a collision with thier car, only a failed pit on my end
andysofun
andysofun 2024-09-22 10:35 a.m.
After your failed pit, did they stop or continue driving?
billybilly
Click to see attachment.
Boz
Boz 2024-09-22 12:09 p.m.
Sigma
polyrabiespolyrabies
and I kindly ask the court to allow the defense to proceed with our cross examination
Kezzera
Kezzera 2024-09-22 01:02 p.m.
Sustained. Question is too speculative and/or too vague.
@andysofun I will ask for either an amendment to 6 with clarity made or it is dropped.
(edited)
andysofunandysofun
After your failed pit, did they stop or continue driving?
billy
billy 2024-09-22 02:05 p.m.
They didn’t stop
BozBoz
Sigma
billy
billy 2024-09-22 02:05 p.m.
polyrabies
polyrabies 2024-09-22 05:58 p.m.
What is going on? The prosecution has already asked their questions and are continuing to ask more @Kezzera I ask that any questions and answers which were exchanged outside of the initial questions be stricken from the record
polyrabiespolyrabies
What is going on? The prosecution has already asked their questions and are continuing to ask more @Kezzera I ask that any questions and answers which were exchanged o...
Kezzera
Kezzera 2024-09-22 06:17 p.m.
If it isn't in relation to question 6 then it's not an issue
KezzeraKezzera
If it isn't in relation to question 6 then it's not an issue
polyrabies
polyrabies 2024-09-22 06:27 p.m.
your honor it is, you already told them to ask their questions, and they submitted 14 questions 3 days ago. now they're asking more there needs to be some deadline, this trial has been going on forever if there arent proper deadlines or timelimits imposed it will burden the defences ability to actively be attentive to this case as it is taking up our personal time
polyrabies
polyrabies 2024-09-22 06:31 p.m.
I just dont believe it
polyrabies
polyrabies 2024-09-22 06:32 p.m.
it's neccessary for the prosecution to be able to continously ask questions, there needs to be a timelimit imposed
polyrabiespolyrabies
your honor it is, you already told them to ask their questions, and they submitted 14 questions 3 days ago. now they're asking more there needs to be some deadline, this trial has ...
Kezzera
Kezzera 2024-09-23 02:47 p.m.
Are you raising speedy concerns here
Kezzera
Kezzera 2024-09-23 02:48 p.m.
It would've been done in one go if everyone has agreed to an in-game hearing
Kezzera
Kezzera 2024-09-23 02:48 p.m.
But this is what we're going with because of the time constraints
Kezzera
Kezzera 2024-09-23 02:48 p.m.
I knew this was going to be an issue
Kezzera
Kezzera 2024-09-23 02:55 p.m.
@andysofun I will ask that you promptly finish the questions, including follow-ups
Kezzera
Kezzera 2024-09-23 02:55 p.m.
The defendant must have its opportunity to cross-examine
Kezzera
Kezzera 2024-09-23 02:55 p.m.
We haven't even got to the second
Kezzera
Kezzera 2024-09-23 02:55 p.m.
and we're extremely late at this rate
Kezzera
Kezzera 2024-09-23 02:56 p.m.
I will no longer allow async arrangements for these kinds of hearings again either, it clearly isn't working
Kezzera
Kezzera 2024-09-23 02:56 p.m.
I will expect a response by 8PM PDT, otherwise I'm setting a hard deadline(edited)
Kezzera
Kezzera 2024-09-23 02:57 p.m.
and I will let the defendant do cross-exams
Kezzera
Kezzera 2024-09-23 02:58 p.m.
I would like to speed this up now, the concerns are understandable
Deverus
Deverus 2024-09-23 07:45 p.m.
Chief State Attorney DeverusLazvari appearing for the State to supplement @andysofun.

cc: @polyrabies @Boz
❤️1
billybilly
They didn’t stop
Deverus
Deverus 2024-09-23 07:48 p.m.
To follow up on question 6;

Can you say for certain that the Defendant's speed, based on the evidence provided, was in excess of 100MPH during your pursuit of him?

To follow up on question 14;

Would you really not say that your pit maneuver, granted it failed, which drug your car on its side for several yard and sent you off of the road and nearly into a tree was not a collision of your two vehicles?
DeverusDeverus
Chief State Attorney DeverusLazvari appearing for the State to supplement @andysofun. cc: @polyrabies @Boz
Boz
Boz 2024-09-23 07:52 p.m.
Sup
Deverus
Deverus 2024-09-23 08:02 p.m.
sup
polyrabies
polyrabies 2024-09-23 08:18 p.m.
@Kezzera we are still objecting to question 6, speculation the witness cannot possibly know what speed a vehicle was going without the use of a radar or other vetted technology
polyrabiespolyrabies
@Kezzera we are still objecting to question 6, speculation the witness cannot possibly know what speed a vehicle was going without the use of a radar or other vetted t...
Deverus
Deverus 2024-09-23 08:19 p.m.
A witness can pace a vehicle and determine relative speed based on their own.
DeverusDeverus
A witness can pace a vehicle and determine relative speed based on their own.
polyrabies
polyrabies 2024-09-23 08:19 p.m.
yeah they're speculating the speed..
polyrabies
polyrabies 2024-09-23 08:19 p.m.
The judge already ruled that it was speculation, you're asking the same question in a different way..
billy
billy 2024-09-23 08:20 p.m.
For answer number #6 I misspoke I said that the LEO evora was “105” and I meant to say it was “115” but to get to your question, with my VAST and EXTENSIVE knowledge in Roblox law enforcement, I can say with certain that the defendant was going faster than 100 mph, due to my CVE MSP modern crusader matching the same speed as the defendant
Deverus
Deverus 2024-09-23 08:20 p.m.
It is not speculation to say that a vehicle was in excess of a speed based on the pacing of their vehicle, if said vehicle is not able to close the distance without exceeding a given speed.
polyrabies
polyrabies 2024-09-23 08:21 p.m.
You're not the judge let him rule on it
polyrabies
polyrabies 2024-09-23 08:21 p.m.
and the witness shouldn't proceed with his answer when a objection is put forward
billy
billy 2024-09-23 08:23 p.m.
14, hey I’m pretty low iq and have chronic brain rot can you rephrase your question… thanks
billy
billy 2024-09-23 08:23 p.m.
@Deverus
billy
billy 2024-09-23 08:24 p.m.
Nvm I understand it now
billy
billy 2024-09-23 08:26 p.m.
Yeah I’d say it failed, my goal with the pit was for his car to be immobilized, not my own, but…
billy
billy 2024-09-23 08:28 p.m.
… With Roblox’s game mechanics and how desyncing works, there would only be a direct collision on my screen and not on the defendant's screen
polyrabies
polyrabies 2024-09-23 08:29 p.m.
@Kezzera we're objecting to the witnesses response to question 14 as to "Yeah I’d say it failed, my goal with the pit was for his car to be immobilized, not my own, but…" on the basis of Relevance
Deverus
Deverus 2024-09-23 08:38 p.m.
We're retracting question 14.

A few more questions for you @billy

15.) Did the Defendant have his lights or sirens active at the time of the incident?

16.) Were you even aware that the defendant was an officer of the law prior to him being stopped at Mersea?
polyrabies
polyrabies 2024-09-23 08:39 p.m.
Okay as the state has retracted question 14 I request the honorable court strikes the witnesses response from the record
DeverusDeverus
We're retracting question 14. A few more questions for you @billy 15.) Did the Defendant have his lights or sirens active at the time of the incident? 16.) Were ...
billy
billy 2024-09-23 08:40 p.m.
15 no
billy
billy 2024-09-23 08:40 p.m.
16, no
Deverus
Deverus 2024-09-23 08:45 p.m.
So, the Defendant was driving in an erratic and reckless manner, violating the clearly established speed limit without the use of lights or sirens to indicate that the Defendant was responding to an emergency or conducting official duties. And when you, as well as a sheriff's deputy, tried to initiate a traffic stop using lights and sirens, as any officer would, he fled for almost a minute until you and the sheriff's deputy finally stopped him in Mersea. Is that correct? @billy
polyrabies
polyrabies 2024-09-23 08:50 p.m.
@Kezzera I’m objecting to the last question by the prosecution as it is a compound question and combines multiple assertions
Deverus
Deverus 2024-09-23 08:52 p.m.
Combines multiple assertions that the witness has already made through his testimony. It's a summary, in layman's terms.
polyrabies
polyrabies 2024-09-23 08:57 p.m.
Still a compound question
polyrabies
polyrabies 2024-09-23 08:58 p.m.
If the witness has already made these assertions no need to cumulatively summarise them and bolster the witness therefore I’m also objecting on the grounds of cumulative questioning
Kezzera
Kezzera 2024-09-23 09:05 p.m.
My Internet took a shit sorry
polyrabiespolyrabies
@Kezzera we are still objecting to question 6, speculation the witness cannot possibly know what speed a vehicle was going without the use of a radar or other vetted t...
Kezzera
Kezzera 2024-09-23 09:08 p.m.
It is possible to say a vehicle can go at a certain speed if another matches it. I did ask either to clarify or be struck off
polyrabiespolyrabies
Okay as the state has retracted question 14 I request the honorable court strikes the witnesses response from the record
Kezzera
Kezzera 2024-09-23 09:08 p.m.
Q14 response is disregarded upon withdrawal. Confirmed(edited)
polyrabiespolyrabies
If the witness has already made these assertions no need to cumulatively summarise them and bolster the witness therefore I’m also objecting on the grounds of cumulative questionin...
Kezzera
Kezzera 2024-09-23 09:10 p.m.
Sustained.
polyrabies
polyrabies 2024-09-23 09:10 p.m.
I also would like to raise an issue with the court this witness hasn’t been sworn in so I’d request they are prior to me cross examining them
KezzeraKezzera
It is possible to say a vehicle can go at a certain speed if another matches it. I did ask either to clarify or be struck off
Deverus
Deverus 2024-09-23 09:11 p.m.
I assume this implies the objection is overruled.
Kezzera
Kezzera 2024-09-23 09:11 p.m.
Yes
Deverus
Deverus 2024-09-23 09:11 p.m.
Great. The State has no further questions.
polyrabiespolyrabies
I also would like to raise an issue with the court this witness hasn’t been sworn in so I’d request they are prior to me cross examining them
Kezzera
Kezzera 2024-09-23 09:12 p.m.
I thought I did
Kezzera
Kezzera 2024-09-23 09:12 p.m.
aigu
Kezzera
Kezzera 2024-09-23 09:12 p.m.
whats going on with me anymore
polyrabies
polyrabies 2024-09-23 09:13 p.m.
As it stands I cannot find any record of him being sworn in
polyrabies
polyrabies 2024-09-23 09:13 p.m.
Within this chat unless he was sworn in in game?
Kezzera
Kezzera 2024-09-23 09:13 p.m.
No, nothing was done in-game and if it was there'd be a record
polyrabies
polyrabies 2024-09-23 09:15 p.m.
Alright as the prosecutions finished there questioning may I begin my cross examination and may the witness be sworn in
Kezzera
Kezzera 2024-09-23 09:32 p.m.
I have confirmed that it wasn't the case
Kezzera
Kezzera 2024-09-23 09:32 p.m.
I will do that then
Kezzera
Kezzera 2024-09-23 09:32 p.m.
(getting some help with coordinating that very soon as well yippee)
Kezzera
Kezzera 2024-09-23 09:33 p.m.
@billy @Matt Good morning/afternoon/evening the prosecution has concluded their questions.
billy
billy 2024-09-23 09:33 p.m.
Awesome
Kezzera
Kezzera 2024-09-23 09:35 p.m.
I will ask you to take an oath herein and recognise that you have made your responses under the same
Kezzera
Kezzera 2024-09-23 09:36 p.m.
(as you were meant to be and many assumed was the case)(edited)
KezzeraKezzera
@andysofun Please submit your questions in bulk to Billy @billy I'll ask you respond to all questions in full @polyrabies You are permitted to ...
Deverus
Deverus 2024-09-23 09:39 p.m.
Just for clarification, we were only directed to perform a direct examination on Billy.
Deverus
Deverus 2024-09-23 09:39 p.m.
We have not finished our questions with Mattcern, though I will assume we will do so once the defense is finished cross-examining Billy.
Kezzera
Kezzera 2024-09-23 09:41 p.m.
Yes
Matt
Matt 2024-09-23 09:41 p.m.
Hi
Kezzera
Kezzera 2024-09-23 09:41 p.m.
Hi matt
Matt
Matt 2024-09-23 09:41 p.m.
Please DM me when you need me to answer questions, I might not see pings in here.
❤️1
Kezzera
Kezzera 2024-09-23 09:42 p.m.
(reaction = endorsed)
Matt
Matt 2024-09-23 09:42 p.m.
thx.
Kezzera
Kezzera 2024-09-23 09:42 p.m.
nws
Kezzera
Kezzera 2024-09-23 09:47 p.m.
@billy If you wish to

swear (if you are religious or practice some form of religion) say "I do and swear by it" to the following:
Do you solemnly swear that you will tell the truth, the whole truth, and nothing but the truth so help you God?;

affirm (if you are not religious) say "I do affirm" to the following:
Do you solmenly affirm that you will tell the truth, the whole truth, and nothing but the truth?
(edited)
Kezzera
Kezzera 2024-09-23 09:47 p.m.
@polyrabies thank you for that mention
Kezzera
Kezzera 2024-09-23 09:47 p.m.
After response, cross-exam begins
Kezzera
Kezzera 2024-09-23 09:48 p.m.
I will respond to objections more promptly herein pending my own proceedings
polyrabies
polyrabies 2024-09-23 10:37 p.m.
Ignore that
polyrabies
polyrabies 2024-09-23 10:37 p.m.
Sent wrong chat
Kezzera
Kezzera 2024-09-24 01:27 a.m.
I'll delete it
Kezzera
Kezzera 2024-09-24 01:27 a.m.
There
KezzeraKezzera
@billy If you wish to swear (if you are religious or practice some form of religion) say "I do and swear by it" to the following: Do you solemnly swear that you wil...(edited)
Kezzera
Kezzera 2024-09-24 12:29 p.m.
@billy You have to do this thanks
billy
billy 2024-09-24 12:32 p.m.
Oh sorry I went to bed
KezzeraKezzera
@billy If you wish to swear (if you are religious or practice some form of religion) say "I do and swear by it" to the following: Do you solemnly swear that you wil...(edited)
billy
billy 2024-09-24 12:34 p.m.
I do and swear by it
billy
billy 2024-09-24 12:35 p.m.
I do affirm
billybilly
Oh sorry I went to bed
Kezzera
Kezzera 2024-09-24 02:27 p.m.
Nws ty for reply:3
billybilly
I do affirm
Kezzera
Kezzera 2024-09-24 02:27 p.m.
You double swore
Kezzera
Kezzera 2024-09-24 02:27 p.m.
Bold
Kezzera
Kezzera 2024-09-24 02:27 p.m.
@polyrabies Proceed with cross-exam
polyrabies
polyrabies 2024-09-24 06:44 p.m.
Question 1. Is it true that you're routinely issued Speed detecting devices which allow you to detect the speed of vehicles which are in motion?

@billy
polyrabies
polyrabies 2024-09-24 06:46 p.m.
Question 2. On the 31st of August did you utilise any speed tracking technology while "pursuing" my client Weimerican_Boz?
polyrabies
polyrabies 2024-09-24 06:49 p.m.
Question 3. On August the 31st 2024, did you ever issue any directives through official law enforcement channels for my Client Weimerican_Boz to make him aware of any sort of "pursuit" that related to him?
polyrabies
polyrabies 2024-09-24 06:56 p.m.
Question 4. To the best of your knowledge on the 31st of August 2024 was my Client Weimerican_Boz actively representing the Lander City Police Department and wearing Lander City Police Department with markings representing the department?
polyrabies
polyrabies 2024-09-24 06:57 p.m.
Question 5. To the best of your knowledge, on the 31st of August 2024 was my client Weimerican_Boz operating a Unmarked Police Cruiser which is issued with Emergency Lighting Systems?
polyrabies
polyrabies 2024-09-24 06:57 p.m.
That's all I have for questions in relation to witness ParkRangerBilly.
polyrabies
polyrabies 2024-09-24 07:00 p.m.
The defense requests @Boz the state handles over any interviews between the States witness Mattcern and any officials representing the Department of Justice and the Mayflower Bureau of Investigations. We also request any communications between the State Attorneys Office and Witness Mattcern pertaining to his testimony and involvement as a witness within this case. Pursuant to brady
polyrabies
polyrabies 2024-09-24 07:00 p.m.
Oops wrong ping
polyrabies
polyrabies 2024-09-24 07:00 p.m.
@Deverus
polyrabies
polyrabies 2024-09-24 07:00 p.m.
hands*
polyrabiespolyrabies
The defense requests @Boz the state handles over any interviews between the States witness Mattcern and any officials representing the Department of Justice and t...
Kezzera
Kezzera 2024-09-24 08:09 p.m.
I'll wait on state's response
Deverus
Deverus 2024-09-25 12:01 a.m.
Deverus
Deverus 2024-09-25 12:01 a.m.
Deverus
Deverus 2024-09-25 12:01 a.m.
Deverus
Deverus 2024-09-25 12:01 a.m.
If you want it in an official filing I can provide it in such a format.
Deverus
Deverus 2024-09-25 12:02 a.m.
However, the State did not contact or interview Mattcern as a witness outside of requesting for him to testify.

@Kezzera @polyrabies
❤️1
polyrabies
polyrabies 2024-09-25 12:04 a.m.
Appreciated.
Deverus
Deverus 2024-09-25 12:17 a.m.
Additionally, your honour, I've just been made aware that this is, in fact, a PC hearing and not trial.

That being said- the State has no interest in delaying the conclusion of this PC hearing beyond the asinine amount of time it has already taken. As such, the state will not be calling @Matt to the stand to testify for the establishment of probable cause in this case.

@Kezzera
Kezzera
Kezzera 2024-09-25 12:20 a.m.
Hi, was just abotu to go to bed
Kezzera
Kezzera 2024-09-25 12:20 a.m.
about*
DeverusDeverus
Additionally, your honour, I've just been made aware that this is, in fact, a PC hearing and not trial. That being said- the State has no interest in delaying the conclusion of th...
Kezzera
Kezzera 2024-09-25 12:20 a.m.
I thought this WAS made clear
Kezzera
Kezzera 2024-09-25 12:21 a.m.
but I assume that you have a lot on your plate
Kezzera
Kezzera 2024-09-25 12:21 a.m.
Thank you for making your intentions clear
DeverusDeverus
If you want it in an official filing I can provide it in such a format.
Kezzera
Kezzera 2024-09-25 12:22 a.m.
I don't think I'll require it, I believe defense highly appreciates your prompt responses
Deverus
Deverus 2024-09-25 12:23 a.m.
You'll have to accept my apologies on the matter, I jumped in once I caught notice that my State Attorney's availability was limited, and such limitations were hampering the advancement of this case.
Kezzera
Kezzera 2024-09-25 12:23 a.m.
No that's fine I really appreciate it!
Deverus
Deverus 2024-09-25 12:23 a.m.
I have been assured that State Attorney @andysofun will be taking point at trial.
Kezzera
Kezzera 2024-09-25 12:23 a.m.
Okay, very good to know
polyrabies
polyrabies 2024-09-25 12:23 a.m.
Your honor, the defense would also like to remind you about the MTD which was submitted which is pending ruling.
Kezzera
Kezzera 2024-09-25 12:24 a.m.
If I address the remaining outstanding issues, and see the cross-exam finished then I will determine trial and schedule it (or dismiss it)
Kezzera
Kezzera 2024-09-25 12:24 a.m.
Yes, I have finished writing it I just haven't published
polyrabies
polyrabies 2024-09-25 12:24 a.m.
Okay.
Kezzera
Kezzera 2024-09-25 12:24 a.m.
My apologies for that
polyrabies
polyrabies 2024-09-25 12:24 a.m.
It's okay.
Kezzera
Kezzera 2024-09-25 12:24 a.m.
I will make some additional orders at the conclusion of proceedings to remedy for our significant delays, I understand defendant would have great speedy concerns too
Kezzera
Kezzera 2024-09-25 12:26 a.m.
Gentlemen I hope to have these proceedings finished soon, I will expect Mr Billy to finish his responses and since the State will not require matt to testify at this stage, I will consider that we conclude the questioning upon @polyrabies 's declaring no further questions
polyrabiespolyrabies
Question 1. Is it true that you're routinely issued Speed detecting devices which allow you to detect the speed of vehicles which are in motion? @billy
billy
billy 2024-09-25 03:45 a.m.
Yes, at the time, I had a hand-held LIDAR, but while my vehicle is in motion, I am unable to detect speeds of passing cars
polyrabiespolyrabies
Question 2. On the 31st of August did you utilise any speed tracking technology while "pursuing" my client Weimerican_Boz?
billy
billy 2024-09-25 03:46 a.m.
No, I am physically unable to
polyrabiespolyrabies
Question 4. To the best of your knowledge on the 31st of August 2024 was my Client Weimerican_Boz actively representing the Lander City Police Department and wearing Lander City Po...
billy
billy 2024-09-25 03:53 a.m.
After deputy mattcern and I stopped your client, we discovered we was a on-duty LCPD detective whom, was driving a LCPD issued unmarked evora with civilian plates,
polyrabiespolyrabies
Question 5. To the best of your knowledge, on the 31st of August 2024 was my client Weimerican_Boz operating a Unmarked Police Cruiser which is issued with Emergency Lighting Syste...
billy
billy 2024-09-25 03:54 a.m.
At no point and time did I see any emergency lighting activated or sirens activated
billybilly
At no point and time did I see any emergency lighting activated or sirens activated
polyrabies
polyrabies 2024-09-25 04:01 a.m.
Thank you for your response, but I would like to focus on the specific question I asked. Can you please answer that directly
billy
billy 2024-09-25 04:03 a.m.
Sorry misread
billy
billy 2024-09-25 04:04 a.m.
No I did not, until we fully stopped his vehicle
polyrabies
polyrabies 2024-09-25 04:06 a.m.
So is it a yes or no?
billybilly
After deputy mattcern and I stopped your client, we discovered we was a on-duty LCPD detective whom, was driving a LCPD issued unmarked evora with civilian plates,
polyrabies
polyrabies 2024-09-25 04:12 a.m.
@Kezzera I request the images attached by the witness are stricken from the record.
billy
billy 2024-09-25 04:26 a.m.
No, during the pursuit, I did not know that the vehicle was operated by your client and I did not know it was a unmarked police cruiser
polyrabies
polyrabies 2024-09-25 04:32 a.m.
Alright thank you. I have no further questions.
polyrabies
polyrabies 2024-09-25 04:33 a.m.
I also ask you answer question 3. as you're yet to respond to it. @billy
polyrabiespolyrabies
I also ask you answer question 3. as you're yet to respond to it. @billy
billy
billy 2024-09-25 04:47 a.m.
Like previously stated, I did not know the suspect was a police officer.

So answer your question. No I did not attempt to use the radio to communicate to your Client
Deverus
Deverus 2024-09-25 11:31 p.m.
@Kezzera Your honor,

Considering the questioning is concluded, when can we expect a decision on the preliminary hearing/MTD?

I'm due to be headed to Fort Sill here at 3AM CST, so my time is rather limited and I'd like to be around and able to respond in a timely manner to any other relevant issues.
Kezzera
Kezzera 2024-09-26 01:50 a.m.
Questions are concluded, so I will make a decision very soon here
Kezzera
Kezzera 2024-09-26 01:50 a.m.
preferably tomorrow sometime, it's late now
polyrabies
polyrabies 2024-09-26 01:56 a.m.
(this is a additional MTD no relation to the one already filed
polyrabies
polyrabies 2024-09-26 02:00 a.m.
if this can be filed onto trello, it'd be appreciated
Kezzera
Kezzera 2024-09-26 02:20 a.m.
I cannot accept anymore filings
Kezzera
Kezzera 2024-09-26 02:20 a.m.
We've exceeded time at this rate
Kezzera
Kezzera 2024-09-26 02:20 a.m.
I will however address the duration this case took either after trial or this hearing (if I find it necessary to drop the charges)
polyrabies
polyrabies 2024-09-26 02:24 a.m.
Your honor, we are still within the pre trial stage
polyrabies
polyrabies 2024-09-26 02:24 a.m.
i do believe its neccessary for the defense to be granted the opportunity to file our motions
Kezzera
Kezzera 2024-09-26 02:24 a.m.
We've exceeded 20 days, it should have ended
Kezzera
Kezzera 2024-09-26 02:24 a.m.
For me to consider this would require the state to respond
polyrabies
polyrabies 2024-09-26 02:24 a.m.
But it hasn't your honor,
Kezzera
Kezzera 2024-09-26 02:25 a.m.
and this would delay the process further
Kezzera
Kezzera 2024-09-26 02:25 a.m.
No, please can we consider that for appeal potentially
Kezzera
Kezzera 2024-09-26 02:26 a.m.
In light of how long this took I'm going to indicate really broad discretion
Kezzera
Kezzera 2024-09-26 02:26 a.m.
and likely grant leave to appeal
Kezzera
Kezzera 2024-09-26 02:26 a.m.
I really cannot consider this motion at all at this stage
polyrabies
polyrabies 2024-09-26 02:27 a.m.
Your honor, my client is granted his right to an speedy trial. I believe upholding that right outweighs any further delays.
polyrabies
polyrabies 2024-09-26 02:27 a.m.
However
polyrabies
polyrabies 2024-09-26 02:27 a.m.
if it is still your decision to proceed without reviewing it, thats fine
polyrabies
polyrabies 2024-09-26 02:27 a.m.
And we respect your decision.
Kezzera
Kezzera 2024-09-26 02:27 a.m.
I understand but considering this would subject your client to more delays, I'm trying to hurry this along the best I can
polyrabies
polyrabies 2024-09-26 02:28 a.m.
Can we atleast be provided with an estimate
Kezzera
Kezzera 2024-09-26 02:28 a.m.
as I have indicated, I will likely grant leave at my discretion and I will outline clear reasons why I depart from the standard process to do that
polyrabies
polyrabies 2024-09-26 02:28 a.m.
as to how long it would take for this case to reach conclusion
Kezzera
Kezzera 2024-09-26 02:28 a.m.
By tomorrow
polyrabies
polyrabies 2024-09-26 02:28 a.m.
assuming we go forward with trial
Kezzera
Kezzera 2024-09-26 02:28 a.m.
I will schedule trial within the coming days, which I expect the State to be there
Kezzera
Kezzera 2024-09-26 02:28 a.m.
Yes, if it does
Kezzera
Kezzera 2024-09-26 02:28 a.m.
and if it doesnt, then you'll know
Kezzera
Kezzera 2024-09-26 02:28 a.m.
and then this is shut
polyrabies
polyrabies 2024-09-26 02:29 a.m.
Alright thank you
Kezzera
Kezzera 2024-09-26 02:29 a.m.
I do apologise
Deverus
Deverus 2024-09-26 05:59 a.m.
This is official notice that I am now on my way to the illustrious hell hole that is Fort Sill.

I’ll still be able to reply, but expect some degree of delay, as I’ll actively be taking part in Training Exercises.

I’ll be back in full on this coming Sunday.
Deverus
Deverus 2024-09-26 05:59 a.m.
If my response is significantly delayed, it can be assumed that I’ve bashed my head into the nearest sharp corner.
Kezzera
Kezzera 2024-09-26 02:50 p.m.
I pray for your safe return to civilian life. Thank you for your service @Deverus
Deverus
Deverus 2024-09-29 06:01 p.m.
@Kezzera This is official notice to the court that, as of this morning, I have returned and am back in the full swing of things.
Kezzera
Kezzera 2024-09-29 07:06 p.m.
Thank you State @Deverus I understand andy is still intending to appear please confirm or if this is not the case, confirm substitution
Kezzera
Kezzera 2024-09-29 07:06 p.m.
And welcome back in one piece and safe return
KezzeraKezzera
Thank you State @Deverus I understand andy is still intending to appear please confirm or if this is not the case, confirm substitution
Deverus
Deverus 2024-09-30 11:07 a.m.
Andy is intending to appear for the trial, yes.
andysofun
andysofun 2024-10-05 09:05 p.m.
@Kezzera any estimate when a ruling will be out, your honor
Kezzera
Kezzera 2024-10-06 01:35 a.m.
hi, i've made an indication on what i intend to do in the comments of the case card
Kezzera
Kezzera 2024-10-06 01:35 a.m.
you will find it there
Kezzera
Kezzera 2024-10-06 01:35 a.m.
if it somehow got deleted (god forbid it does), dm me directly and ill post it here
Deverus
Deverus 2024-10-10 01:47 p.m.
Still not seeing any official rulings published to-date. Any timetable on the movement of this and the subsequent scheduling of trial? @Kezzera
DeverusDeverus
Still not seeing any official rulings published to-date. Any timetable on the movement of this and the subsequent scheduling of trial? @Kezzera
polyrabies
polyrabies 2024-10-11 05:50 p.m.
check the trello.
polyrabies
polyrabies 2024-10-11 05:50 p.m.
he provided an update relating to the course of this case.
polyrabies
polyrabies 2024-10-11 05:50 p.m.
Specifically, the case card.
Kezzera
Kezzera 2024-10-18 06:26 a.m.
Good morning
Kezzera
Kezzera 2024-10-18 06:26 a.m.
I was held in some hold by the Switchback people for some overdose thing(edited)
Kezzera
Kezzera 2024-10-18 06:26 a.m.
I was released
Kezzera
Kezzera 2024-10-18 06:26 a.m.
and have been given leave to engage in my work again - I will update you all on what the judge says
Kezzera
Kezzera 2024-10-18 06:27 a.m.
I have released the decision today @polyrabies @Deverus @andysofun
Kezzera
Kezzera 2024-10-18 06:27 a.m.
and further issued an order to set trial
Kezzera
Kezzera 2024-10-18 06:27 a.m.
PC determined, ordered SA and us to now consider Mr. Boz officially charged on information to enable us with trial
Kezzera
Kezzera 2024-10-18 06:28 a.m.
I will issue further orders towards the end of the trial (such as the discretionary leave)
Kezzera
Kezzera 2024-10-18 06:28 a.m.
and this is sua sponte
Kezzera
Kezzera 2024-10-18 06:28 a.m.
(sorry folks)
Kezzera
Kezzera 2024-10-18 06:51 a.m.
cc @polyrabies @Deverus @andysofun
Kezzera
Kezzera 2024-10-18 06:58 a.m.
I will message you three + boz to find potential dates for trial
Kezzera
Kezzera 2024-10-18 06:58 a.m.
I am using a website to coordinate this, helps me
Kezzera
Kezzera 2024-10-18 04:29 p.m.
@polyrabies @Deverus @andysofun I will set the deadline to provide your availability for trial no later than Tuesday, October 22, 2024 at 6:59 p.m.(edited)
Kezzera
Kezzera 2024-10-18 04:30 p.m.
If a party fails to provide their availability, I will set the trial to whatever time is preferred strongest by those who submitted their availability. If no one submitted it then I will set it for the earliest possible time I can book it in and require your attendance.
andysofun
andysofun 2024-10-18 09:07 p.m.
I’ve put in my availability
andysofun
andysofun 2024-10-18 09:07 p.m.
I’ll check with my witnesses too
Kezzera
Kezzera 2024-10-19 05:36 a.m.
oh crap, silly me i forgot them too
Kezzera
Kezzera 2024-10-19 05:36 a.m.
do you want me to make user/pass for them too? @andysofun
polyrabies
polyrabies 2024-10-19 06:51 a.m.
availability has been put in
Kezzera
Kezzera 2024-10-19 07:34 a.m.
Thank you both and I have corrected a slight error with the MOO using the supra citation incorrectly
Kezzera
Kezzera 2024-10-19 07:34 a.m.
this has now been amended and should read McNeely, at PAGENO. referencing from Brigham, at PAGENO.
KezzeraKezzera
do you want me to make user/pass for them too? @andysofun
andysofun
andysofun 2024-10-19 08:57 a.m.
I can just ask them
andysofun
andysofun 2024-10-19 08:58 a.m.
@Kezzera perhaps today at 10:00 pm est could be when we have trial
andysofun
andysofun 2024-10-19 08:58 a.m.
Everyone out they’re available at that time and right now I’m waiting for a response from my witnesses
andysofun
andysofun 2024-10-19 09:09 a.m.
put they’re available*
Kezzera
Kezzera 2024-10-19 10:17 a.m.
I will check
andysofunandysofun
@Kezzera perhaps today at 10:00 pm est could be when we have trial
andysofun
andysofun 2024-10-19 12:02 p.m.
@polyrabies @Boz
KezzeraKezzera
I will check
andysofun
andysofun 2024-10-19 12:02 p.m.
at least one of my witnesses is available
andysofun
andysofun 2024-10-19 12:02 p.m.
waiting on the other's response
❤️1
andysofun
andysofun 2024-10-19 08:44 p.m.
@Kezzera @polyrabies @Boz are we doing it tonight
andysofun
andysofun 2024-10-19 08:48 p.m.
I know one of my witnesses for sure can and the other I'm fairly confident can as well.
polyrabies
polyrabies 2024-10-19 09:03 p.m.
No we aren’t available
polyrabiespolyrabies
No we aren’t available
andysofun
andysofun 2024-10-19 09:10 p.m.
then when are you available
andysofun
andysofun 2024-10-19 09:12 p.m.
I can do it even later if needed
andysofun
andysofun 2024-10-19 09:13 p.m.
I'd prefer to get this done tonight and that's in the interest of justice
andysofun
andysofun 2024-10-19 09:13 p.m.
and in your interests as well I'm sure considering the defense was complaining of an unspeedy trial
polyrabies
polyrabies 2024-10-19 09:19 p.m.
I made my availability clear
polyrabies
polyrabies 2024-10-19 09:19 p.m.
In the website
polyrabiespolyrabies
I made my availability clear
andysofun
andysofun 2024-10-19 09:19 p.m.
I'm talking about my tonight
andysofun
andysofun 2024-10-19 09:19 p.m.
so in one hour
polyrabies
polyrabies 2024-10-19 09:20 p.m.
Yeah we can but I won’t be able to get in game
andysofun
andysofun 2024-10-19 09:20 p.m.
discord is fine with me then
andysofun
andysofun 2024-10-19 09:20 p.m.
@Kezzera
polyrabies
polyrabies 2024-10-19 09:20 p.m.
Sure
polyrabiespolyrabies
Yeah we can but I won’t be able to get in game
andysofun
andysofun 2024-10-19 09:20 p.m.
can you get in game later or not at all
polyrabies
polyrabies 2024-10-19 09:22 p.m.
After 3 pm aedt I can
polyrabiespolyrabies
After 3 pm aedt I can
andysofun
andysofun 2024-10-19 09:22 p.m.
I think discord would be best for the state then
andysofun
andysofun 2024-10-19 09:23 p.m.
I'll let me witnesses know
polyrabies
polyrabies 2024-10-19 09:28 p.m.
Just to clarify this will be a continuous trial right assuming it’s done over discord? Will we be given a set time period to provide our arguments
polyrabies
polyrabies 2024-10-19 09:29 p.m.
@Kezzera
andysofun
andysofun 2024-10-19 09:29 p.m.
If we could all just be in this channel at one time then that'd be great
Kezzera
Kezzera 2024-10-19 09:29 p.m.
I'm afraid I cannot accommodate Discord
Kezzera
Kezzera 2024-10-19 09:30 p.m.
The only time I'll consider it if there's absolute technical limitations
polyrabies
polyrabies 2024-10-19 09:30 p.m.
Is Clark playable on phone
andysofun
andysofun 2024-10-19 09:30 p.m.
I don't really feel like staying up at midnight to do this trial
Kezzera
Kezzera 2024-10-19 09:30 p.m.
Do you not have a computer?
andysofun
andysofun 2024-10-19 09:30 p.m.
I guess I can do this half asleep if absolutely needed
Kezzera
Kezzera 2024-10-19 09:30 p.m.
I'll double check on the times most available
andysofun
andysofun 2024-10-19 09:30 p.m.
I don't know if my witnesses can though
KezzeraKezzera
Do you not have a computer?
polyrabies
polyrabies 2024-10-19 09:31 p.m.
I have a computer I’m just not home most hours so I’m usually on phone
Kezzera
Kezzera 2024-10-19 09:34 p.m.
02:43-04:30 AM Oct 20 Sat, 10-11PM Oct 26 Sat, 02:00-03:15 AM Oct 27 Sun, 09:00PM-10:00PM Nov 2 Sat, 02:15-03:00 PM Nov 3 Sun(edited)
Kezzera
Kezzera 2024-10-19 09:34 p.m.
I mean it says you're both available in the next 11 minutes or so
Kezzera
Kezzera 2024-10-19 09:35 p.m.
This is what you both indicated and I've made it clear in my order as to the Discord arrangement
polyrabiespolyrabies
I have a computer I’m just not home most hours so I’m usually on phone
Kezzera
Kezzera 2024-10-19 09:35 p.m.
When will you be available on computer
andysofunandysofun
I guess I can do this half asleep if absolutely needed
Kezzera
Kezzera 2024-10-19 09:35 p.m.
I would not advise that
KezzeraKezzera
02:43-04:30 AM Oct 20 Sat, 10-11PM Oct 26 Sat, 02:00-03:15 AM Oct 27 Sun, 09:00PM-10:00PM Nov 2 Sat, 02:15-03:00 PM Nov 3 Sun(edited)
Kezzera
Kezzera 2024-10-19 09:36 p.m.
@polyrabies @andysofun These are the available times
Kezzera
Kezzera 2024-10-19 09:36 p.m.
so far
Kezzera
Kezzera 2024-10-19 09:37 p.m.
11 or so minutes seems very short notic
Kezzera
Kezzera 2024-10-19 09:37 p.m.
and I would like this done in-game, it gets everyones attention if it were the case
andysofun
andysofun 2024-10-19 09:38 p.m.
Your honor, I believe discord would also work
andysofun
andysofun 2024-10-19 09:38 p.m.
I understand doing the trial in game but everyone can be present in a discord channel as well
Kezzera
Kezzera 2024-10-19 09:38 p.m.
Doing it remotely over Discord was a very long process last time
Kezzera
Kezzera 2024-10-19 09:39 p.m.
and I do not see that there's any technical limitations from either, just that Polyrabies goes on the computer most of the time
Kezzera
Kezzera 2024-10-19 09:39 p.m.
although if one of the times selected enables him to, he can be here
Kezzera
Kezzera 2024-10-19 09:39 p.m.
If this is not achievable then I will allow for a Discord trial
Kezzera
Kezzera 2024-10-19 09:39 p.m.
but everyone must be present, I am not making it asynchronous
Kezzera
Kezzera 2024-10-19 09:39 p.m.
It's been notoriously slow to do it asynchronously
andysofun
andysofun 2024-10-19 09:39 p.m.
Perhaps we could both agree to be present
polyrabies
polyrabies 2024-10-19 09:40 p.m.
Discord would make this way easier
Kezzera
Kezzera 2024-10-19 09:40 p.m.
That won't be necessary if I schedule trial and compel your presence
Kezzera
Kezzera 2024-10-19 09:40 p.m.
but in an effort to accommodate everyone, I will allow it - only on the times as selected unless you both agree to another time that works
andysofun
andysofun 2024-10-19 09:41 p.m.
Would in 20 minutes work?
Kezzera
Kezzera 2024-10-19 09:41 p.m.
It's very short notice
polyrabies
polyrabies 2024-10-19 09:41 p.m.
I will need time to prepare and confer with my client 20 mins is to short
Kezzera
Kezzera 2024-10-19 09:41 p.m.
I agree
andysofun
andysofun 2024-10-19 09:41 p.m.
Maybe 50 minutes then?
Kezzera
Kezzera 2024-10-19 09:42 p.m.
@polyrabies I will let you confer with andy as to the time, you have about two hours
Kezzera
Kezzera 2024-10-19 09:42 p.m.
before I will just schedule it for the 26th on the earliest agreed time
Kezzera
Kezzera 2024-10-19 09:42 p.m.
on Discord
Kezzera
Kezzera 2024-10-19 09:42 p.m.
That will be the next available date from today
andysofunandysofun
Maybe 50 minutes then?
andysofun
andysofun 2024-10-19 09:43 p.m.
@polyrabies
andysofunandysofun
Maybe 50 minutes then?
polyrabies
polyrabies 2024-10-19 09:44 p.m.
Okay if we do it in 50 mins
polyrabies
polyrabies 2024-10-19 09:44 p.m.
do u think u'll be available in an hour or two"
polyrabies
polyrabies 2024-10-19 09:44 p.m.
when are u going to sleep?
polyrabies
polyrabies 2024-10-19 09:44 p.m.
I assume its late as ur american
polyrabiespolyrabies
do u think u'll be available in an hour or two"
andysofun
andysofun 2024-10-19 09:44 p.m.
Yes
Kezzera
Kezzera 2024-10-19 09:45 p.m.
Will we have the witnesses available
polyrabies
polyrabies 2024-10-19 09:45 p.m.
Just to confirm, @Kezzera if we were to do this in 50 mins how long do you expect the proceeding to take
polyrabies
polyrabies 2024-10-19 09:45 p.m.
are we gonna get through the whole trial?
Kezzera
Kezzera 2024-10-19 09:45 p.m.
I'm limiting it to an hour for today, if its not done by then, it will be continuing from the 26th where we can continue with a clearer mind
Kezzera
Kezzera 2024-10-19 09:46 p.m.
It's also nearly 3am and I am extremely tired and I don't want to feel irritated
polyrabies
polyrabies 2024-10-19 09:46 p.m.
I think the 26th would be better
Kezzera
Kezzera 2024-10-19 09:46 p.m.
@andysofun Response
andysofun
andysofun 2024-10-19 09:46 p.m.
I'd prefer to do it today
andysofun
andysofun 2024-10-19 09:46 p.m.
The defense has demanded a speedy trial and I believe it's of utmost importance to get this case disposed of this week
polyrabies
polyrabies 2024-10-19 09:47 p.m.
i believe it's in the best interest of both parties to schedule this for the 26th, the judge has already indicated hes tired
Kezzera
Kezzera 2024-10-19 09:47 p.m.
I don't mind, I'm just letting you all know on my end
andysofun
andysofun 2024-10-19 09:47 p.m.
The judge doesn't mind so we're fine
Kezzera
Kezzera 2024-10-19 09:48 p.m.
If I somehow crash and fall asleep anticipate your rulings after I wake up with a wall of apologies
polyrabies
polyrabies 2024-10-19 09:48 p.m.
The defense would like to do this on the 26th at a time where we're all available
Kezzera
Kezzera 2024-10-19 09:48 p.m.
Is the defendant not available?
andysofun
andysofun 2024-10-19 09:48 p.m.
The defense has already said they're available on discord
polyrabies
polyrabies 2024-10-19 09:48 p.m.
Yeah, not in game
Kezzera
Kezzera 2024-10-19 09:48 p.m.
I don't mind over on Discord
Kezzera
Kezzera 2024-10-19 09:48 p.m.
I'll allow it
polyrabies
polyrabies 2024-10-19 09:48 p.m.
Okay we can do it now then
andysofun
andysofun 2024-10-19 09:49 p.m.
Perhaps we do it in 10 minutes so i can let my witnesses know
Kezzera
Kezzera 2024-10-19 09:49 p.m.
I will require the defendant to be present and tuned in, and I will need confirmation the witnesses will be available to answer questions etc
Kezzera
Kezzera 2024-10-19 09:49 p.m.
Yes
Kezzera
Kezzera 2024-10-19 09:49 p.m.
I will give 20 minutes for the benefit of the doubt
Kezzera
Kezzera 2024-10-19 09:49 p.m.
is that okay with everyone
andysofun
andysofun 2024-10-19 09:49 p.m.
yes your honor
Kezzera
Kezzera 2024-10-19 09:49 p.m.
@polyrabies
polyrabies
polyrabies 2024-10-19 09:50 p.m.
my client has indicated
polyrabies
polyrabies 2024-10-19 09:50 p.m.
hes busy
polyrabies
polyrabies 2024-10-19 09:50 p.m.
he cannot be attentive
polyrabies
polyrabies 2024-10-19 09:50 p.m.
right now
Kezzera
Kezzera 2024-10-19 09:50 p.m.
-slams head on table continously-
Kezzera
Kezzera 2024-10-19 09:50 p.m.
Why is he busy
andysofun
andysofun 2024-10-19 09:50 p.m.
You'll be arguing for him
KezzeraKezzera
Why is he busy
Boz
Boz 2024-10-19 09:50 p.m.
Warthunder
andysofun
andysofun 2024-10-19 09:50 p.m.
:💀:
BozBoz
Warthunder
Kezzera
Kezzera 2024-10-19 09:50 p.m.
...
Kezzera
Kezzera 2024-10-19 09:50 p.m.
polyrabies
polyrabies 2024-10-19 09:51 p.m.
it is not volunteerly done
polyrabiespolyrabies
it is not volunteerly done
Boz
Boz 2024-10-19 09:51 p.m.
^
Kezzera
Kezzera 2024-10-19 09:51 p.m.
I've ordered it an information so I will at minimum need you to confirm, and I don't care as to when this is declared, now would be preferable:
- are you still proceeding not guilty on all four; and
- you're just "voluntarily disappearing"
(edited)
Kezzera
Kezzera 2024-10-19 09:52 p.m.
I cannot hold back this trial on its neck because you decide not to appear
Kezzera
Kezzera 2024-10-19 09:52 p.m.
I'm sorry
Kezzera
Kezzera 2024-10-19 09:52 p.m.
I either require you to be here and at least saying the word present to let me know you acknowledge the trial
polyrabies
polyrabies 2024-10-19 09:52 p.m.
My client is currently playing a outside game due to an irl obligation he may not be able to respond
Kezzera
Kezzera 2024-10-19 09:53 p.m.
It is NOT a good enough excuse
Kezzera
Kezzera 2024-10-19 09:53 p.m.
Look, I'll make it easy
Kezzera
Kezzera 2024-10-19 09:53 p.m.
YOur client just needs to say they're present the moment I tag them
polyrabies
polyrabies 2024-10-19 09:53 p.m.
I understand on the surface level it may seem like that. However, there are personal circumstances relating to his absence.
Kezzera
Kezzera 2024-10-19 09:53 p.m.
I'll run with that
andysofun
andysofun 2024-10-19 09:53 p.m.
The defendant won't even do anything during the trial
polyrabies
polyrabies 2024-10-19 09:53 p.m.
The bottom line here is.
andysofun
andysofun 2024-10-19 09:53 p.m.
The defense hasn't admitted him as a witness in discovery
polyrabies
polyrabies 2024-10-19 09:53 p.m.
My client isn't available
polyrabies
polyrabies 2024-10-19 09:54 p.m.
simple as that, he's indicated this
andysofun
andysofun 2024-10-19 09:54 p.m.
Your honor, the defendant isn't available by choice
andysofun
andysofun 2024-10-19 09:54 p.m.
Because he believes war thunder is more important than this
polyrabies
polyrabies 2024-10-19 09:54 p.m.
Not true...
andysofun
andysofun 2024-10-19 09:54 p.m.
that's his choice
polyrabies
polyrabies 2024-10-19 09:54 p.m.
He has an irl obligation
polyrabies
polyrabies 2024-10-19 09:54 p.m.
mandating his presence outside of this court room
Kezzera
Kezzera 2024-10-19 09:54 p.m.
What is this 'irl' obligation that prohibits him from tuning into a Discord channel?
Kezzera
Kezzera 2024-10-19 09:55 p.m.
He's playing a game, on his computer, where this can be accessed
polyrabies
polyrabies 2024-10-19 09:55 p.m.
I would ask him but, i'd hate to pry into his personal life
polyrabies
polyrabies 2024-10-19 09:55 p.m.
He's indicated to me he's not available
polyrabies
polyrabies 2024-10-19 09:55 p.m.
And cannot be present right now
Kezzera
Kezzera 2024-10-19 09:55 p.m.
I'd hate to as well but i'd like a vague indication as to what it is!
Kezzera
Kezzera 2024-10-19 09:55 p.m.
Even as simple as "I'm going to help my mother with some chores" would work
andysofun
andysofun 2024-10-19 09:55 p.m.
If this is allowed, every defendant may as well claim a vague IRL obligation and escape trial forever
Kezzera
Kezzera 2024-10-19 09:55 p.m.
"Warthunder" is not a reason
polyrabies
polyrabies 2024-10-19 09:55 p.m.
He's playing an irl game with friends
andysofun
andysofun 2024-10-19 09:56 p.m.
I may as well go around killing people in game and know I'll escape prosecution because I can indefinitely delay my trial
andysofunandysofun
If this is allowed, every defendant may as well claim a vague IRL obligation and escape trial forever
Kezzera
Kezzera 2024-10-19 09:56 p.m.
Boz has appeared so this is no longer possible
polyrabiespolyrabies
He's playing an irl game with friends
Kezzera
Kezzera 2024-10-19 09:56 p.m.
Poly, I cannot accept this
Boz
Boz 2024-10-19 09:56 p.m.
E sports
Boz
Boz 2024-10-19 09:56 p.m.
sorry I have to lock in
Boz
Boz 2024-10-19 09:56 p.m.
we're losing
polyrabies
polyrabies 2024-10-19 09:56 p.m.
He has an irl obligation to meet, I understand it's not optimal for the court but his real life supersedes roblox requirements.
Kezzera
Kezzera 2024-10-19 09:57 p.m.
I'm not buying it, unless he's a title E-Sports player
Kezzera
Kezzera 2024-10-19 09:57 p.m.
If we're really going that route
Kezzera
Kezzera 2024-10-19 09:57 p.m.
Fair game if so
Kezzera
Kezzera 2024-10-19 09:57 p.m.
I would just make it very simple, in 16 minutes, Boz just responds with "present" when I tag him
Kezzera
Kezzera 2024-10-19 09:57 p.m.
then we can just proceed
Kezzera
Kezzera 2024-10-19 09:57 p.m.
At the bare minimum he's made himself known, and we can proceed
polyrabies
polyrabies 2024-10-19 09:58 p.m.
I will ask if he'll be present
polyrabies
polyrabies 2024-10-19 09:58 p.m.
within 16 mins
Kezzera
Kezzera 2024-10-19 09:58 p.m.
Thank you
polyrabies
polyrabies 2024-10-19 09:58 p.m.
Alright he'll be able to
polyrabies
polyrabies 2024-10-19 09:58 p.m.
state he's present
polyrabies
polyrabies 2024-10-19 09:58 p.m.
in 16 mins.
Kezzera
Kezzera 2024-10-19 09:59 p.m.
Thank you
Kezzera
Kezzera 2024-10-19 09:59 p.m.
I'll set a timer
Kezzera
Kezzera 2024-10-19 10:00 p.m.
@andysofun @polyrabies I will start this at Saturday, October 19, 2024 at 10:15 p.m.
Kezzera
Kezzera 2024-10-19 10:00 p.m.
I expect witnesses present by then as well, or their availability
polyrabies
polyrabies 2024-10-19 10:02 p.m.
for the record, my client will not be actively present at the trial. once he's indicated his "presence" he'll be back to his irl obligation
Kezzera
Kezzera 2024-10-19 10:03 p.m.
Fine
Kezzera
Kezzera 2024-10-19 10:03 p.m.
He should be advised continously >>if required<<(edited)
polyrabies
polyrabies 2024-10-19 10:04 p.m.
Alright, I'm just making the court aware although he will notify his presence he will not actually be attentive or watching the trial as he has irl requirements which means he must fixate himself upon an IRL esports game.
Kezzera
Kezzera 2024-10-19 10:04 p.m.
I was seriously unaware your client was a titular competitve Esports player
andysofun
andysofun 2024-10-19 10:05 p.m.
Looks like one of my witnesses might be unavailable
andysofun
andysofun 2024-10-19 10:05 p.m.
But at least one is so we're fine
polyrabies
polyrabies 2024-10-19 10:05 p.m.
Which one?
andysofun
andysofun 2024-10-19 10:05 p.m.
parkrangerbilly
andysofun
andysofun 2024-10-19 10:05 p.m.
We might not be able to do closings
Kezzera
Kezzera 2024-10-19 10:06 p.m.
I don't expect this to conclude today
Kezzera
Kezzera 2024-10-19 10:06 p.m.
so this will not be an issue
Kezzera
Kezzera 2024-10-19 10:06 p.m.
if it is somehow, I will end it where it is reasonable and recovene on the 26th
polyrabies
polyrabies 2024-10-19 10:07 p.m.
@andysofun how long are u expecting mattcerns questioning to take
polyrabiespolyrabies
@andysofun how long are u expecting mattcerns questioning to take
andysofun
andysofun 2024-10-19 10:12 p.m.
shouldn't take too long
andysofun
andysofun 2024-10-19 10:14 p.m.
like at most 15 minutes
Kezzera
Kezzera 2024-10-19 10:15 p.m.
@andysofun @polyrabies Good evening springfield
andysofun
andysofun 2024-10-19 10:16 p.m.
good evening your honor
polyrabies
polyrabies 2024-10-19 10:16 p.m.
Good evening
Kezzera
Kezzera 2024-10-19 10:16 p.m.
We're live on Albert's Court Docket bringing you live to a fresh hot new case
Kezzera
Kezzera 2024-10-19 10:16 p.m.
We're presently gathered here for the trial in the matter of State v Weimerican_Boz, performed REMOTELY on DISCORD(edited)
Kezzera
Kezzera 2024-10-19 10:17 p.m.
On four counts:
Count 1 1 M.S.C. § 1307 Evasion
Count 2 1 M.S.C. § 3204 Hit and Run
Count 3 2 M.S.C. § 1212 Reckless Driving
Count 4 2 M.S.C. § 1215 Excessive Speeding
Kezzera
Kezzera 2024-10-19 10:18 p.m.
I am aware Mr. Boz has pleaded not guilty
Kezzera
Kezzera 2024-10-19 10:18 p.m.
and before we proceed, I'll confirm Mr. Boz's presence
Kezzera
Kezzera 2024-10-19 10:18 p.m.
@Boz
Kezzera
Kezzera 2024-10-19 10:18 p.m.
Please indicate your presence with a simple response, either 'present' or something to that effect
Boz
Boz 2024-10-19 10:18 p.m.
Hello I am Present :🎁:
Kezzera
Kezzera 2024-10-19 10:19 p.m.
Thank you
Kezzera
Kezzera 2024-10-19 10:19 p.m.
I have confirmed Mr. Boz's presence before this Court and this is reflected on the record
Kezzera
Kezzera 2024-10-19 10:19 p.m.
Can I confirm the name and credentials for the state's prosecutor @andysofun
andysofun
andysofun 2024-10-19 10:20 p.m.
My name is andysofun and I'm a senior state attorney who's bar certified
Kezzera
Kezzera 2024-10-19 10:20 p.m.
in the form: "[name], [role] for the state, your honor" or to that effect
Kezzera
Kezzera 2024-10-19 10:20 p.m.
Thank you
Kezzera
Kezzera 2024-10-19 10:20 p.m.
For the defendant @polyrabies
polyrabies
polyrabies 2024-10-19 10:20 p.m.
My name is Polyrabies I'm a BAR Certified Attorney.
Kezzera
Kezzera 2024-10-19 10:20 p.m.
Thank you
Kezzera
Kezzera 2024-10-19 10:21 p.m.
Can we confirm both counsels are ready to proceed with the trial then?
Kezzera
Kezzera 2024-10-19 10:21 p.m.
@polyrabies @andysofun
andysofun
andysofun 2024-10-19 10:21 p.m.
Yes your honor
polyrabies
polyrabies 2024-10-19 10:21 p.m.
Yes your honor
Kezzera
Kezzera 2024-10-19 10:21 p.m.
I will confirm no outstanding motions are present
Kezzera
Kezzera 2024-10-19 10:21 p.m.
and we may proceed
Kezzera
Kezzera 2024-10-19 10:22 p.m.
I will also remind counsellors here that I will issue a separate leave order, in respect of the pre-trial proceedings taking longer than anticipated
Kezzera
Kezzera 2024-10-19 10:22 p.m.
I'll enable counsels to begin addressing the court with its opening statements
Kezzera
Kezzera 2024-10-19 10:23 p.m.
@andysofun Mr. Andy, state
andysofun
andysofun 2024-10-19 10:23 p.m.
Thank you your honor, and may it please the court:
andysofun
andysofun 2024-10-19 10:23 p.m.
The enforcer thought he was above the law, but no badge is above the law.
andysofun
andysofun 2024-10-19 10:23 p.m.
It’s the 31st of August, and Trooper ParkRangerBilly and Deputy mattcern are traveling down the highway in their patrol vehicles.
andysofun
andysofun 2024-10-19 10:23 p.m.
It’s a standard day for them, they’re working on keeping the highway safe. They’re upholding the oath they took to the people.
andysofun
andysofun 2024-10-19 10:23 p.m.
Suddenly, another car approaches them—it’s another cop. This cop, however, isn’t working to keep the highway safe.
andysofun
andysofun 2024-10-19 10:23 p.m.
You’ll see evidence that shows he’s speeding, he’s weaving between cars, and he ends up dangerously cutting off mattcern.
andysofun
andysofun 2024-10-19 10:23 p.m.
Immediately, Billy and mattcern engage their lights to stop the vehicle.
The response from the vehicle? The vehicle flees, taking Billy and mattcern on a high speed chase.
andysofun
andysofun 2024-10-19 10:23 p.m.
During this chase, the officer driving the vehicle will continue his reckless driving and end up colliding with Billy’s vehicle.
andysofun
andysofun 2024-10-19 10:24 p.m.
The evidence will show that the officer didn’t even slow down to check on Billy after the accident, instead continuing to evade police.
andysofun
andysofun 2024-10-19 10:24 p.m.
But eventually the law caught up to the officer driving the unmarked vehicle, and the officer was boxed in.
andysofun
andysofun 2024-10-19 10:24 p.m.
Who was this officer? Two eyewitnesses and a recording will prove that it was the defendant.
andysofun
andysofun 2024-10-19 10:24 p.m.
But why would the defendant do this? Because the enforcer thought he was above the law, but no badge is above the law.
andysofun
andysofun 2024-10-19 10:24 p.m.
As the state, we’ve charged the defendant with Evasion, Hit and Run, Reckless Driving, and Excessive Speeding.
andysofun
andysofun 2024-10-19 10:24 p.m.
As the state, we also have the burden of proof. We have to prove the defendant’s guilt beyond a reasonable doubt.
andysofun
andysofun 2024-10-19 10:24 p.m.
The first piece that will prove the defendant’s guilt is Billy’s testimony. He’s a law enforcement officer who will testify about the defendant’s dangerous driving, his attempt to flee from the police, and his car accident with Billy’s car and failure to stop.
andysofun
andysofun 2024-10-19 10:24 p.m.
The next piece in our case will be mattcern. He’s also a law enforcement officer who witnessed the defendant’s dangerous behavior. He’ll reinforce Billy’s version of events with his own perspective.
andysofun
andysofun 2024-10-19 10:25 p.m.
The final piece will be a video. The video was recorded by Billy and will show the chase and the defendant’s driving.
andysofun
andysofun 2024-10-19 10:25 p.m.
Your honor, the defendant thought he was above the law.
andysofun
andysofun 2024-10-19 10:25 p.m.
The court will see how he thought he could ignore the law everyone must abide by, how he thought he could endanger lives, and how he thought he could escape justice.
andysofun
andysofun 2024-10-19 10:25 p.m.
You’ll hear from the defense that the defendant was simply executing his duties as a law enforcement officer, and therefore escapes responsibility.
andysofun
andysofun 2024-10-19 10:25 p.m.
But you’ll see from the evidence that the defendant had no lights and sirens, disobeyed the orders of his fellow law enforcement officers, and caused multiple car accidents.
andysofun
andysofun 2024-10-19 10:25 p.m.
That’s not the actions of a law enforcement officer executing his duties, that’s the actions of someone endangering the public.
andysofun
andysofun 2024-10-19 10:25 p.m.
After the court has heard all the evidence, we will ask the court to render a judgment in favor of the state.
andysofun
andysofun 2024-10-19 10:25 p.m.
I yield the floor. @Kezzera @polyrabies
polyrabies
polyrabies 2024-10-19 10:27 p.m.
Your honor, we object to the openning statement due to the use of inflammatory language, the suggestion that my Client “thought he was above the law” is inflammatory
andysofun
andysofun 2024-10-19 10:27 p.m.
Your honor, we aren't required to be nice.
andysofun
andysofun 2024-10-19 10:28 p.m.
Also this isn't a jury trial.
polyrabies
polyrabies 2024-10-19 10:29 p.m.
Doesn't matter this is still a opening statement
polyrabiespolyrabies
Your honor, we object to the openning statement due to the use of inflammatory language, the suggestion that my Client “thought he was above the law” is inflammatory
Kezzera
Kezzera 2024-10-19 10:29 p.m.
Objection is overruled, I see no reason that this could be an argument or prohibited statement in general
Kezzera
Kezzera 2024-10-19 10:30 p.m.
I will allow it
Kezzera
Kezzera 2024-10-19 10:30 p.m.
@andysofun Proceed
andysofun
andysofun 2024-10-19 10:30 p.m.
I have nothing further.
polyrabies
polyrabies 2024-10-19 10:31 p.m.
i'm objecting to the opening statement as it's speculative. the statement is suggesting that "the enforcer thought he was above the law" and assuming my clients state of mind. this opening statement isn't informing this court it's inflaming it the prosecutor is ASSUMING facts which aren't in evidence
andysofun
andysofun 2024-10-19 10:32 p.m.
Your honor, we're merely stating our general theme for this case.
Kezzera
Kezzera 2024-10-19 10:33 p.m.
I maintain my position
Kezzera
Kezzera 2024-10-19 10:34 p.m.
@polyrabies Would you begin addressing your opening statement
polyrabies
polyrabies 2024-10-19 10:35 p.m.
Of course, your honor: My client was employed within the Lander City Police Department at the time of the malicious charges being brought forward, he was a hard working Law Enforcement Officer who did all he could to protect and serve the State. On the very day which the State allegges my Client violated the law he was simply executing his duties to preserve lives and safety of others. He is innocent. He had no criminal intent at any time within the allegged events, the state is mandated to prove a mens rea which they simply cant.
Kezzera
Kezzera 2024-10-19 10:35 p.m.
Do let me know when you finish
polyrabies
polyrabies 2024-10-19 10:36 p.m.
That's all.
andysofun
andysofun 2024-10-19 10:38 p.m.
Your honor, may the state begin presenting our evidence @Kezzera
Kezzera
Kezzera 2024-10-19 10:40 p.m.
@andysofun I'm happy for the state to do that
KezzeraKezzera
@andysofun I'm happy for the state to do that
andysofun
andysofun 2024-10-19 10:40 p.m.
The state calls @Matt to the stand
Kezzera
Kezzera 2024-10-19 10:40 p.m.
@Matt good morning, mr mattcern
Kezzera
Kezzera 2024-10-19 10:40 p.m.
I will ask that you take an oath before you proceed
Kezzera
Kezzera 2024-10-19 10:42 p.m.
Do you solemnly swear that you will tell the truth, the whole truth, and nothing but the truth so help you god?

OR, if affirming (you do not swear to a religious deity):

Do you solemnly affirm that you will tell the truth, the whole truth, and nothing but the truth?
Matt
Matt 2024-10-19 10:43 p.m.
I do, so help me god.
❤️1
andysofun
andysofun 2024-10-19 10:43 p.m.
Good evening, could you please state your name for the record? @Matt
MattMatt
I do, so help me god.
Kezzera
Kezzera 2024-10-19 10:43 p.m.
(I confirm mattcern, a witness for the State, takes an oath to tell the truth)
Matt
Matt 2024-10-19 10:43 p.m.
My Roblox username is mattcern.
andysofun
andysofun 2024-10-19 10:43 p.m.
What is your occupation in this state? @Matt
Matt
Matt 2024-10-19 10:45 p.m.
I am currently an employee of the Department of Justice's Mayflower Bureau of Investigation. I hold the position of Special Agent-in-Charge of the Critical Incident Response Group. Additionally, I am serving in the Mayflower National Guard as a First Sergeant of the 13th Infantry Battalion.
andysofun
andysofun 2024-10-19 10:45 p.m.
To refresh your memory I’m going to post a video in this channel
andysofun
andysofun 2024-10-19 10:45 p.m.
Please watch the video and let me know once you’re done. (https://streamable.com/kxjsv1)
Watch "Roblox_2024-08-3112-23-26-_Trim" on Streamable.
polyrabies
polyrabies 2024-10-19 10:46 p.m.
Objection, Your Honor, the prosecution is presenting evidence without permission from the court
andysofun
andysofun 2024-10-19 10:46 p.m.
Your honor, may I show a video to the witness? @Kezzera
Kezzera
Kezzera 2024-10-19 10:46 p.m.
This is literally a video from earlier
Kezzera
Kezzera 2024-10-19 10:46 p.m.
in the proceedings
Matt
Matt 2024-10-19 10:47 p.m.
I have finished watching the video.
polyrabiespolyrabies
Objection, Your Honor, the prosecution is presenting evidence without permission from the court
Kezzera
Kezzera 2024-10-19 10:47 p.m.
Overruled
andysofun
andysofun 2024-10-19 10:47 p.m.
On the 31st of August, were you on-duty as a Sheriff’s Deputy? @Matt
andysofunandysofun
Your honor, may I show a video to the witness? @Kezzera
Kezzera
Kezzera 2024-10-19 10:47 p.m.
Yes.
Matt
Matt 2024-10-19 10:48 p.m.
As memory recalls, and as the time stamp shows in the clip, yes I was.
andysofun
andysofun 2024-10-19 10:48 p.m.
I’d like to direct your attention to the events at the beginning of the video @Matt
andysofun
andysofun 2024-10-19 10:48 p.m.
Are you the deputy driving the sheriff’s office vehicle shown in the beginning?
Matt
Matt 2024-10-19 10:48 p.m.
Yes, I was.
andysofun
andysofun 2024-10-19 10:48 p.m.
And while driving, did you see any other vehicle commit a traffic violation?
polyrabies
polyrabies 2024-10-19 10:49 p.m.
Objection, vague
andysofun
andysofun 2024-10-19 10:49 p.m.
Your honor, I don't see how that question is vague or unclear. @Kezzera
polyrabies
polyrabies 2024-10-19 10:50 p.m.
Your honor, he is generally asking if the witness saw any vehicle commit a traffic violation. It's not specific to the events within the case therefore his question as stated is vague.
polyrabiespolyrabies
Your honor, he is generally asking if the witness saw any vehicle commit a traffic violation. It's not specific to the events within the case therefore his question as stated is va...
Kezzera
Kezzera 2024-10-19 10:50 p.m.
Sustained for this reason, although not necessarily on vagueness but relevance - would you be willing to reframe it slightly? @andysofun
andysofun
andysofun 2024-10-19 10:50 p.m.
Yes your honor
Kezzera
Kezzera 2024-10-19 10:50 p.m.
Thank you very much counsel
andysofun
andysofun 2024-10-19 10:51 p.m.
And while you were driving down the road as shown in the beginning of the video, did you see any other vehicle commit a traffic violation? @Matt
Matt
Matt 2024-10-19 10:54 p.m.
While driving, besides the Trooper's vehicle that we are watching the perspective of, the only vehicle I saw traveling on the road was a black Evora. This black Evora sped past me, while I was going around the speed limit of 70, cut in front of me and desynced me. This vehicle then sped past the Trooper's vehicle.
MattMatt
While driving, besides the Trooper's vehicle that we are watching the perspective of, the only vehicle I saw traveling on the road was a black Evora. This black Evora sped past me,...
polyrabies
polyrabies 2024-10-19 10:54 p.m.
objection, relevance. the witness provided statements which arent relevant to the question asked
andysofun
andysofun 2024-10-19 10:55 p.m.
Your honor, relevant evidence is any evidence that has a tendency to make a fact in today's case more or less likely
andysofun
andysofun 2024-10-19 10:55 p.m.
All of the facts the witness has stated are relevant to today's case @Kezzera
polyrabies
polyrabies 2024-10-19 10:55 p.m.
They may be relevant to the case, but they arent relevant to the question asked
Kezzera
Kezzera 2024-10-19 10:57 p.m.
Overruled, I do not see how the response having a relevance issue
Kezzera
Kezzera 2024-10-19 10:58 p.m.
I may have concerns as to compounding/overloading, but it's not a strong enough issue to influence anything adversely
andysofun
andysofun 2024-10-19 10:58 p.m.
How fast do you believe the vehicle was going? @Matt
Matt
Matt 2024-10-19 11:00 p.m.
I believe that the vehicle had to be going greater than 100 miles per hour, as when myself and the Trooper initiated the pursuit the vehicle was able to gain a sizable distance on us.
andysofun
andysofun 2024-10-19 11:00 p.m.
And are there signs on the highway the vehicle was on stating the speed limit? @Matt
Matt
Matt 2024-10-19 11:01 p.m.
There are several.
andysofun
andysofun 2024-10-19 11:01 p.m.
Did the vehicle stop in response to your lights and sirens? @Matt
andysofun
andysofun 2024-10-19 11:01 p.m.
oops
andysofun
andysofun 2024-10-19 11:01 p.m.
I withdraw that question
andysofun
andysofun 2024-10-19 11:01 p.m.
What was your reaction to this vehicle’s dangerous driving? @Matt
andysofunandysofun
What was your reaction to this vehicle’s dangerous driving? @Matt
polyrabies
polyrabies 2024-10-19 11:02 p.m.
Objection relevance
billy
billy 2024-10-19 11:02 p.m.
Hi
polyrabies
polyrabies 2024-10-19 11:02 p.m.
I also object as its vague
billy
billy 2024-10-19 11:02 p.m.
I'm here
andysofun
andysofun 2024-10-19 11:03 p.m.
Your honor, I'm laying foundation to establish that the defendant fled the police
billybilly
I'm here
andysofun
andysofun 2024-10-19 11:03 p.m.
You'll testify after mattcern
polyrabies
polyrabies 2024-10-19 11:03 p.m.
The question doesn't outline what kind of "reaction" the state is suggesting
Kezzera
Kezzera 2024-10-19 11:03 p.m.
Hi Park I'll expect you to testify after matt
billy
billy 2024-10-19 11:03 p.m.
Oh okay : D so wholesome
polyrabiespolyrabies
The question doesn't outline what kind of "reaction" the state is suggesting
Kezzera
Kezzera 2024-10-19 11:03 p.m.
Wouldn't that be quite leading if he suggested any reaction?
billybilly
Oh okay : D so wholesome
Kezzera
Kezzera 2024-10-19 11:03 p.m.
: D
KezzeraKezzera
Wouldn't that be quite leading if he suggested any reaction?
polyrabies
polyrabies 2024-10-19 11:04 p.m.
He hasnt specified if it was a emotional or psychical reaction in his question, therefore his questions vague if that makes sense
polyrabies
polyrabies 2024-10-19 11:04 p.m.
he just asked "what was your reaction"
Kezzera
Kezzera 2024-10-19 11:04 p.m.
@andysofun I'll ask that you just clarify what Mr. Rabies has suggested
andysofun
andysofun 2024-10-19 11:04 p.m.
Understood your honor
Kezzera
Kezzera 2024-10-19 11:04 p.m.
I am convinced and believe its relevance, should not change much though
Kezzera
Kezzera 2024-10-19 11:04 p.m.
Proceed onwards
polyrabiespolyrabies
He hasnt specified if it was a emotional or psychical reaction in his question, therefore his questions vague if that makes sense
Kezzera
Kezzera 2024-10-19 11:05 p.m.
Sustained for the record
andysofun
andysofun 2024-10-19 11:05 p.m.
What was your physical reaction to the vehicle's dangerous driving? @Matt
Matt
Matt 2024-10-19 11:05 p.m.
After being desynced and nearly hitting the Trooper's patrol vehicle due to the dangerous driving that was exhibited, my initial response/reaction as a trained law enforcement officer was to attempt a traffic stop.
andysofun
andysofun 2024-10-19 11:05 p.m.
So did you engage your lights and sirens? @Matt
andysofun
andysofun 2024-10-19 11:06 p.m.
emergency lights and sirens*
Matt
Matt 2024-10-19 11:06 p.m.
Yes, I did.
andysofun
andysofun 2024-10-19 11:06 p.m.
Did the vehicle slow down in response to your lights and sirens? @Matt
Matt
Matt 2024-10-19 11:06 p.m.
The vehicle did not slow down until the end of the clip.
andysofun
andysofun 2024-10-19 11:07 p.m.
Was anyone pursuing the vehicle with you? @Matt
Matt
Matt 2024-10-19 11:07 p.m.
A single trooper from the Mayflower State Police.
andysofun
andysofun 2024-10-19 11:07 p.m.
Who was this trooper? @Matt
Matt
Matt 2024-10-19 11:07 p.m.
ParkRangerBilly.
andysofun
andysofun 2024-10-19 11:07 p.m.
I’d like to cut forward to the ending of the pursuit now, at the end of the clip
andysofun
andysofun 2024-10-19 11:08 p.m.
Were you and ParkRangerBilly able to box-in the vehicle? @Matt
polyrabies
polyrabies 2024-10-19 11:08 p.m.
I'd ask the court mandates the prosecution to utilise timestamps when directing their witness to portions of the video
Matt
Matt 2024-10-19 11:08 p.m.
Yes, we were.
andysofunandysofun
I’d like to cut forward to the ending of the pursuit now, at the end of the clip
polyrabies
polyrabies 2024-10-19 11:08 p.m.
objection, vague as to "the end of the clip" no timestamp or actual factual suggestion as to what the end of the clip is
andysofunandysofun
I’d like to cut forward to the ending of the pursuit now, at the end of the clip
andysofun
andysofun 2024-10-19 11:09 p.m.
@Kezzera No objection to the court sustaining the objection and striking "at the end of the clip"
andysofun
andysofun 2024-10-19 11:15 p.m.
@Kezzera
Matt
Matt 2024-10-19 11:17 p.m.
(hey guys i really want to go back to minecraft with my friends how much longer :😭:)
andysofun
andysofun 2024-10-19 11:20 p.m.
@Kezzera
andysofun
andysofun 2024-10-19 11:20 p.m.
@Kezzera
andysofun
andysofun 2024-10-19 11:20 p.m.
@Kezzera
andysofun
andysofun 2024-10-19 11:20 p.m.
:🙏:
polyrabies
polyrabies 2024-10-19 11:22 p.m.
well, if he doesnt respond in another 4 minutes i'll be going offline
polyrabiespolyrabies
well, if he doesnt respond in another 4 minutes i'll be going offline
andysofun
andysofun 2024-10-19 11:23 p.m.
I'm asking the witness my next question
MattMatt
Yes, we were.
andysofun
andysofun 2024-10-19 11:23 p.m.
And when the vehicle was boxed in, were you able to see who was driving? @Matt
polyrabies
polyrabies 2024-10-19 11:23 p.m.
well for the record u cant
polyrabies
polyrabies 2024-10-19 11:23 p.m.
the judge isnt present
MattMatt
(hey guys i really want to go back to minecraft with my friends how much longer :😭:)
andysofun
andysofun 2024-10-19 11:31 p.m.
you can probably play minecraft at this point
andysofun
andysofun 2024-10-19 11:31 p.m.
im gonna play bloxburg with my friends
Matt
Matt 2024-10-19 11:31 p.m.
i am do not fret.
Kezzera
Kezzera 2024-10-19 11:34 p.m.
hold on
andysofunandysofun
@Kezzera No objection to the court sustaining the objection and striking "at the end of the clip"
Kezzera
Kezzera 2024-10-19 11:35 p.m.
If there's no objection to this then proceed
Kezzera
Kezzera 2024-10-19 11:35 p.m.
(I shouldn't have to clarify this)
Kezzera
Kezzera 2024-10-19 11:37 p.m.
come back guys :(
Kezzera
Kezzera 2024-10-19 11:42 p.m.
@andysofun @polyrabies I will end today's proceedings here, coincidentally on the anticipated time of one hour
Kezzera
Kezzera 2024-10-19 11:43 p.m.
and resume this on the 26th, I'll get a timestamp
Kezzera
Kezzera 2024-10-19 11:43 p.m.
Saturday, October 26, 2024 at 5:00 p.m. @andysofun @polyrabies We'll resume from here
Kezzera
Kezzera 2024-10-19 11:44 p.m.
hopefully with a more clearer, less tired mind
Kezzera
Kezzera 2024-10-19 11:44 p.m.
@Matt I apologise for the abrupt end, and will ask you to return to finish answering any remaining questions + cross-exam
Kezzera
Kezzera 2024-10-19 11:45 p.m.
After you are no longer have any questions to answer and no other issues are raised as to your testimony that may require your presence, I will release you
Kezzera
Kezzera 2024-10-19 11:45 p.m.
(this will be told to you explicitly)
Kezzera
Kezzera 2024-10-19 11:45 p.m.
-- RECORDS END HERE (Part 1) --(edited)
polyrabies
polyrabies 2024-10-20 12:00 a.m.
@Kezzera can a order be entered prohibiting witnesses from discussing their testimony
polyrabies
polyrabies 2024-10-20 12:01 a.m.
as they're still technically on the stand
polyrabies
polyrabies 2024-10-20 12:01 a.m.
well an order isnt needed, just you informing them that
Kezzera
Kezzera 2024-10-20 12:03 a.m.
good to note since we're not doing this in one go
Kezzera
Kezzera 2024-10-20 12:04 a.m.
@Matt I will ask that, since you are still on the stand, you do not discuss any part of your testimony with anyone, or enter into any conversation that would affect your testimony
Matt
Matt 2024-10-20 12:05 a.m.
I will not, Your Honor.
Kezzera
Kezzera 2024-10-20 12:17 a.m.
Thank you
KezzeraKezzera
Saturday, October 26, 2024 at 5:00 p.m. @andysofun @polyrabies We'll resume from here
Boz
Boz 2024-10-21 08:41 p.m.
I once again will not be present btw
Kezzera
Kezzera 2024-10-22 07:58 a.m.
I believe your presence was noted unless you are saying you intend to no longer attend the trial
BozBoz
I once again will not be present btw
Kezzera
Kezzera 2024-10-22 08:13 a.m.
Just had a quick consult, I will take this to mean that you will be voluntarily absent on the 26th, day 2 of your trial
Kezzera
Kezzera 2024-10-22 08:15 a.m.
and I will take it to not be preventing this trial from reaching its conclusion, i.a.w. the Diaz decision (Diaz v. United States, 223 U.S. 442 (1912), interpret to be U.C., etc.)
Kezzera
Kezzera 2024-10-22 08:15 a.m.
You'll be reminded of this again on the day
Kezzera
Kezzera 2024-10-22 09:06 a.m.
To clarify I don't intend to issue a warrant, it's very pointless at this stage (please don't even suggest it)(edited)
Matt
Matt 2024-10-22 02:14 p.m.
Your honor, could we possible move the time to slightly later to around 8:00pm EST? I fear that I might not be home at 5:00pm.

@Kezzera
cc: @polyrabies @andysofun
Kezzera
Kezzera 2024-10-22 02:30 p.m.
@polyrabies @andysofun Please indicate
KezzeraKezzera
@polyrabies @andysofun Please indicate
andysofun
andysofun 2024-10-22 03:48 p.m.
Works for me
❤️1
andysofun
andysofun 2024-10-22 03:48 p.m.
@billy
polyrabies
polyrabies 2024-10-22 04:20 p.m.
Doesn’t work
❤️1
Matt
Matt 2024-10-22 04:20 p.m.
What works for you then?
polyrabies
polyrabies 2024-10-23 05:32 a.m.
we've already decided the time
polyrabies
polyrabies 2024-10-23 05:33 a.m.
i cant keep making changes in my schedule to accomodate for this
Kezzera
Kezzera 2024-10-23 01:47 p.m.
@Matt If you cannot be certain whether you're unavailable by 5pm EST then I may still proceed, unless the State believes it is absolute for you to appear first and they can give very good reasons. You should be absolutely certain and provide a reason for me to consider that makes your excuse plausible (I cannot maybes or ifs). It is hard on the defense though as they will lose a chance to cross-examine you on the scheduled time and date and would have to another time, which can be a concern for the defendants who might raise concerns of unreasonable deprivation, etc.(edited)
Kezzera
Kezzera 2024-10-23 01:47 p.m.
We would need to address that well before day 2, which is 3 days from now
Kezzera
Kezzera 2024-10-23 01:47 p.m.
(operating on BST)
Matt
Matt 2024-10-23 05:00 p.m.
I'll see what I can do, I'm going to be out with family so I'm not entirely sure when we'll get back.
Kezzera
Kezzera 2024-10-24 12:27 p.m.
That's fine, thanks for informing me
Matt
Matt 2024-10-25 04:08 p.m.
Okay update: I will be back.
❤️1
Boz
Boz 2024-10-26 02:15 p.m.
@Kezzera :🥳:
andysofun
andysofun 2024-10-26 02:30 p.m.
not my case :🤷‍♂️:
andysofun
andysofun 2024-10-26 04:03 p.m.
@Kezzera @Matt @polyrabies we're still doing this trial in an hour right
andysofun
andysofun 2024-10-26 04:03 p.m.
just wanna check
andysofunandysofun
just wanna check
Kezzera
Kezzera 2024-10-26 04:10 p.m.
yep
Kezzera
Kezzera 2024-10-26 04:10 p.m.
we're still proceeding
BozBoz
@Kezzera :🥳:
Kezzera
Kezzera 2024-10-26 04:11 p.m.
thank you for this, but this does not influence us from proceeding with the trial here(edited)
Matt
Matt 2024-10-26 04:28 p.m.
Yep I will be available.
andysofun
andysofun 2024-10-26 05:01 p.m.
@Kezzera @Matt @polyrabies @Boz hello people
Matt
Matt 2024-10-26 05:05 p.m.
I am here.
Matt
Matt 2024-10-26 05:09 p.m.
..it appears that the others aren't.
MattMatt
..it appears that the others aren't.
andysofun
andysofun 2024-10-26 05:10 p.m.
unfortunately that appears so
andysofun
andysofun 2024-10-26 05:10 p.m.
@polyrabies @Kezzera hello :🥺:
Matt
Matt 2024-10-26 05:36 p.m.
Uhh..
andysofun
andysofun 2024-10-26 05:45 p.m.
Erm..
Kezzera
Kezzera 2024-10-26 05:46 p.m.
oh im silly
Kezzera
Kezzera 2024-10-26 05:46 p.m.
i FUCKED UP AGIAN
Kezzera
Kezzera 2024-10-26 05:46 p.m.
this is why we should've done it in the game
Kezzera
Kezzera 2024-10-26 05:46 p.m.
@polyrabies
Kezzera
Kezzera 2024-10-26 05:46 p.m.
We'll convene in 14 minutes
Kezzera
Kezzera 2024-10-26 06:02 p.m.
good day gentlemen...
Matt
Matt 2024-10-26 06:02 p.m.
Hello!
Kezzera
Kezzera 2024-10-26 06:03 p.m.
we're waiting on uh
Kezzera
Kezzera 2024-10-26 06:03 p.m.
defense counsel
Matt
Matt 2024-10-26 06:04 p.m.
:/
Kezzera
Kezzera 2024-10-26 06:08 p.m.
i have messaged them prior to 11pm my time
polyrabies
polyrabies 2024-10-26 06:11 p.m.
apologies for my late reply, I was here at 8 AM AEDT local time at the time which was agreed on 6 days prior for proceedings to continue. I waited at least 20 minutes for the arrival of the presiding judge however that didn't happen. I wont be available today as I have real life stuff to attend to.My client also invokes his 6th amendment right to a speedy trial, this is yet again another undue delay considering that we all agreed to attend at 8 AM AEDT 6 days ago, yet this never happened and instead is exhausting me and my clients time to dedicate to this case due to the consistent unjustifiable delays that have been taking place in this case.apologies for my late reply, I was here at 8 AM AEDT local time at the time which was agreed on 6 days prior for proceedings to continue. I waited at least 20 minutes for the arrival of the presiding judge however that didn't happen. I wont be available today as I have real life stuff to attend to.My client also invokes his 6th amendment right to a speedy trial, this is yet again another undue delay considering that we all agreed to attend at 8 AM AEDT 6 days ago, yet this never happened and instead is exhausting me and my clients time to dedicate to this case due to the consistent unjustifiable delays that have been taking place in this case.
❤️1
andysofun
andysofun 2024-10-26 06:14 p.m.
@Kezzera I can do 10 pm est today
Kezzera
Kezzera 2024-10-26 06:14 p.m.
that's 3 hours from now is that correct
KezzeraKezzera
that's 3 hours from now is that correct
andysofun
andysofun 2024-10-26 06:15 p.m.
4 hours yes
Kezzera
Kezzera 2024-10-26 06:15 p.m.
hell, im really struggling with these times
andysofun
andysofun 2024-10-26 06:16 p.m.
@polyrabies think you can do it
Kezzera
Kezzera 2024-10-26 06:16 p.m.
it gives me 2am
Kezzera
Kezzera 2024-10-26 06:16 p.m.
he has raised valid points which, i think we've been aware
Kezzera
Kezzera 2024-10-26 06:16 p.m.
for a long time now
Matt
Matt 2024-10-26 06:17 p.m.
(10pm EST might not work for me as I have to host an event for MBI's academy which may run into that time)
Kezzera
Kezzera 2024-10-26 06:17 p.m.
do you not have anyone else who may be able to take over?
Kezzera
Kezzera 2024-10-26 06:19 p.m.
ok, @andysofun @polyrabies
Kezzera
Kezzera 2024-10-26 06:19 p.m.
this isn't going to work
Kezzera
Kezzera 2024-10-26 06:19 p.m.
i need to make some decisions on this, please hold off for now
andysofun
andysofun 2024-10-26 06:21 p.m.
understood your honor
Kezzera
Kezzera 2024-10-26 06:21 p.m.
ok
Kezzera
Kezzera 2024-10-26 06:21 p.m.
so
Kezzera
Kezzera 2024-10-26 06:21 p.m.
considering somehow a synchronous trial has not worked out too well owing to massively different timezones
Kezzera
Kezzera 2024-10-26 06:21 p.m.
and the option of a mistrial would make further delays
Kezzera
Kezzera 2024-10-26 06:22 p.m.
and a dismiss is, frankly, not at all appropriate either
Kezzera
Kezzera 2024-10-26 06:22 p.m.
there's two options
Kezzera
Kezzera 2024-10-26 06:22 p.m.
we're either going to change venue to be in-game, where everyone isprepared and ready
Kezzera
Kezzera 2024-10-26 06:22 p.m.
and we do it in one go
Kezzera
Kezzera 2024-10-26 06:22 p.m.
or we will stretch it out with an asynchronous session
Kezzera
Kezzera 2024-10-26 06:22 p.m.
the problem with the async last time is the time it took to
Kezzera
Kezzera 2024-10-26 06:22 p.m.
respond to certain queries
Kezzera
Kezzera 2024-10-26 06:22 p.m.
and it made cross-exam quite difficult
Kezzera
Kezzera 2024-10-26 06:23 p.m.
so our remaining questions are lined up for the state, then the defense does its cross-exam
Kezzera
Kezzera 2024-10-26 06:23 p.m.
but we will need to expect that timely objections, will not be responded to timely
Kezzera
Kezzera 2024-10-26 06:23 p.m.
that's my main contention
Kezzera
Kezzera 2024-10-26 06:24 p.m.
if we do async, i need those questions perfect, clear, concise
Kezzera
Kezzera 2024-10-26 06:24 p.m.
not leading and ambiguous, etc.
Kezzera
Kezzera 2024-10-26 06:24 p.m.
otherwise we will get fatigued enough as it is
polyrabies
polyrabies 2024-10-26 06:25 p.m.
in the 5 minutes that i have to say this, im once again proposing that this case is dismissed i cannot keep changing my schedule to accomodate for these times
Kezzera
Kezzera 2024-10-26 06:26 p.m.
the asynchronous option will enable you to respond whenever you can
Kezzera
Kezzera 2024-10-26 06:26 p.m.
we continue from where we left off
polyrabies
polyrabies 2024-10-26 06:26 p.m.
your honor my client is also affected by this, he has the right to a speedy trial theres been no justification for these delays
polyrabies
polyrabies 2024-10-26 06:26 p.m.
thats all i have to say
Kezzera
Kezzera 2024-10-26 06:27 p.m.
i cannot consider dismissal, this is not the fault of the state
Kezzera
Kezzera 2024-10-26 06:27 p.m.
we're affected by incredibly different timezones
Kezzera
Kezzera 2024-10-26 06:27 p.m.
i don't know what you anticipated
polyrabies
polyrabies 2024-10-26 06:27 p.m.
for the record, it'll be 2 months since this case was docketed in around 5 days
Kezzera
Kezzera 2024-10-26 06:28 p.m.
i have offered to include an order that would enable you leave to appeal or set aside, etc.
Kezzera
Kezzera 2024-10-26 06:28 p.m.
to recognise that
Kezzera
Kezzera 2024-10-26 06:28 p.m.
if i mistrial it, it will force you to begin this again
polyrabies
polyrabies 2024-10-26 06:29 p.m.
You can simply dismiss it
polyrabies
polyrabies 2024-10-26 06:29 p.m.
this is violating my clients rights
polyrabies
polyrabies 2024-10-26 06:29 p.m.
he has had another case that took less then this dismissed
polyrabies
polyrabies 2024-10-26 06:29 p.m.
for speedy violations
Kezzera
Kezzera 2024-10-26 06:32 p.m.
i've laid the options out, it's all i can afford to do at this rate, or we can push for the mistrial
Kezzera
Kezzera 2024-10-26 06:32 p.m.
and you may start afresh essentially
Kezzera
Kezzera 2024-10-26 06:32 p.m.
the speedy violations in the other case was on the state's end
Kezzera
Kezzera 2024-10-26 06:32 p.m.
not an error of the court
polyrabies
polyrabies 2024-10-26 06:35 p.m.
Alright, when will the proceedings presume?
polyrabies
polyrabies 2024-10-26 06:35 p.m.
If we can get a date now that would be good so I can prepare once more
Kezzera
Kezzera 2024-10-26 06:36 p.m.
we can do async, with no hard deadline
Kezzera
Kezzera 2024-10-26 06:36 p.m.
to accommodate for your timezone
Kezzera
Kezzera 2024-10-26 06:36 p.m.
starting literally now or whenever the prosecution asks the Qs, either by today or tmw early
Kezzera
Kezzera 2024-10-26 06:36 p.m.
to kick start the process
Kezzera
Kezzera 2024-10-26 06:36 p.m.
and everyone takes its time to respond
Kezzera
Kezzera 2024-10-26 06:37 p.m.
@andysofun @polyrabies
Kezzera
Kezzera 2024-10-26 06:38 p.m.
matt would also take his time to respond
andysofun
andysofun 2024-10-26 06:39 p.m.
yeah async is fine
KezzeraKezzera
starting literally now or whenever the prosecution asks the Qs, either by today or tmw early
andysofun
andysofun 2024-10-26 06:39 p.m.
I'll start now
andysofun
andysofun 2024-10-26 06:39 p.m.
@polyrabies
MattMatt
Yes, we were.
andysofun
andysofun 2024-10-26 06:40 p.m.
And when the vehicle was boxed in, were you able to see who was driving?
Kezzera
Kezzera 2024-10-26 06:41 p.m.
ok, for the record, this is how it will go
Matt
Matt 2024-10-26 06:43 p.m.
Yes, I was.
MattMatt
Yes, I was.
andysofun
andysofun 2024-10-26 06:44 p.m.
Who was driving the vehicle?
Kezzera
Kezzera 2024-10-26 06:45 p.m.
Asynchronous Trial (continuing from Sync Day 1) proceed as follows
1. the state will proceed with their questions, and release all intended questions to be asked.
2. objections to said questions MUST be for questions that is leading, vague, etc. any of the standard stuff, please do not object solely to delay this further.
3. witnesses will answer all of the questions as well.
4. objections to these may be made if appropriate.
5. cross-exam begins upon full conclusion and resolutionof objections.
6. the same process applies for cross-exams.
7. the same process applies for when the defense does their case, or if they present their arguments, they should present the whole thing for the judge to see, and the rebuttals must also be in full
andysofun
andysofun 2024-10-26 06:45 p.m.
ohhh ok
andysofunandysofun
Who was driving the vehicle?
Kezzera
Kezzera 2024-10-26 06:45 p.m.
i will allow this to be answered, hereafter please disclose all questions
andysofun
andysofun 2024-10-26 06:45 p.m.
yes your honor
Matt
Matt 2024-10-26 06:45 p.m.
Weimerican_Boz.
andysofun
andysofun 2024-10-26 06:46 p.m.
i just have two last questions for this witness @Kezzera
MattMatt
Weimerican_Boz.
Kezzera
Kezzera 2024-10-26 06:46 p.m.
for the record, this is for question 1. "Who was driving the vehicle?" by the state
andysofunandysofun
i just have two last questions for this witness @Kezzera
Kezzera
Kezzera 2024-10-26 06:46 p.m.
proceed, no need for my permission
andysofun
andysofun 2024-10-26 06:46 p.m.
Throughout your encounter with Weimerican_boz, did he ever have his lights or sirens engaged?

Does the video I’ve sent in this case channel accurately depict the events you’ve described in your testimony today?
andysofun
andysofun 2024-10-26 06:47 p.m.
@Matt
Matt
Matt 2024-10-26 06:48 p.m.
I did not see or hear any lights or sirens throughout the incident.

The video does accurately describe my testimony.
andysofun
andysofun 2024-10-26 06:48 p.m.
Your honor, the prosecution has no further questions for the witness at this time @polyrabies @Kezzera
andysofunandysofun
Throughout your encounter with Weimerican_boz, did he ever have his lights or sirens engaged? Does the video I’ve sent in this case channel accurately depict the events you’ve des...
polyrabies
polyrabies 2024-10-26 06:51 p.m.
Objection compound question
polyrabies
polyrabies 2024-10-26 06:51 p.m.
Unless those are 2 seperate questions
andysofun
andysofun 2024-10-26 06:51 p.m.
two seperate
polyrabies
polyrabies 2024-10-26 06:51 p.m.
Ok then no objections
andysofun
andysofun 2024-10-26 06:52 p.m.
you can begin ur cross
polyrabiespolyrabies
Ok then no objections
Kezzera
Kezzera 2024-10-26 06:52 p.m.
proceed w/ cross
polyrabies
polyrabies 2024-10-27 03:02 a.m.
@Kezzera Your honor, do you prefer me asking them all at once or asking one at a time to provide the defense with an opportunity to object? or they can just object after up to you
polyrabies
polyrabies 2024-10-27 03:02 a.m.
prosecution*
polyrabies
polyrabies 2024-10-27 03:06 a.m.
I also do believe it'd be better if I'm able to await for the witnesses response as it allows me to tailor my line of questioning in relation to the witnesses responses.
However, I'm sure that will cause some time constraints so your directive would be preffered.
polyrabiespolyrabies
@Kezzera Your honor, do you prefer me asking them all at once or asking one at a time to provide the defense with an opportunity to object? or they can just object aft...
Kezzera
Kezzera 2024-10-27 09:59 a.m.
if you can ask all at once please that'd be lovely, thank you
Kezzera
Kezzera 2024-10-27 09:59 a.m.
if you feel it is absolutely necessary to ask it separately, i will allow it
Kezzera
Kezzera 2024-10-27 10:00 a.m.
although i have stated earlier my preference
Kezzera
Kezzera 2024-10-27 10:00 a.m.
you can ask it all at once and make a follow up to a question (this is afforded to the state as well)
polyrabies
polyrabies 2024-10-27 06:02 p.m.
@Matt Good Evening Mr Mattcern. I have a few questions for you.
polyrabies
polyrabies 2024-10-27 06:03 p.m.
How long have you been employed by the Mayflower State Police?
polyrabies
polyrabies 2024-10-27 06:03 p.m.
Are you actively employed by the Mayflower State Police?
polyrabies
polyrabies 2024-10-27 06:05 p.m.
Actually I'll rephrase that
polyrabies
polyrabies 2024-10-27 06:05 p.m.
How long have you been employed the Department of Justices component of the State Bureau of Investigations?
polyrabies
polyrabies 2024-10-27 06:05 p.m.
Are you actively employed by the Department of Justice?
Matt
Matt 2024-10-27 06:05 p.m.
(It's Mayflower Bureau of Investigations now)
polyrabies
polyrabies 2024-10-27 06:06 p.m.
Okay, please answer my question.
polyrabies
polyrabies 2024-10-27 06:07 p.m.
I will also ask a few more questions while I await your answer
Matt
Matt 2024-10-27 06:08 p.m.
Hello, hope you are doing well.

1. How long have you been employed the Department of Justices component of the State Bureau of Investigations?

A: I have been employed by the Department of Justice's Mayflower Bureau of Investigation (formerly known as the State Bureau of Investigation[s?]) since September 2nd, 2024.

2. Are you actively employed by the Department of Justice?

A: Yes, as a member of the Mayflower Bureau of Investigation.
(edited)
Matt
Matt 2024-10-27 06:08 p.m.
I am doing homework so it may take me a bit to respond.
Matt
Matt 2024-10-27 06:08 p.m.
I'll try to keep up though.
polyrabies
polyrabies 2024-10-27 06:09 p.m.
On or around August 31st 2024, in the incident before this court involving my client were you representing the Clark County Sheriffs Office as a on duty Deputy?
polyrabiespolyrabies
On or around August 31st 2024, in the incident before this court involving my client were you representing the Clark County Sheriffs Office as a on duty Deputy?
Matt
Matt 2024-10-27 06:09 p.m.
Yes, I was.
polyrabies
polyrabies 2024-10-27 06:10 p.m.
Are you currently employed by the Clark County Sheriffs Office?
Matt
Matt 2024-10-27 06:10 p.m.
No, I am not. I can get you my discharge date if needed.
polyrabies
polyrabies 2024-10-27 06:10 p.m.
No need, thank you for your answer.
polyrabies
polyrabies 2024-10-27 06:11 p.m.
In relation to your involvement in the events on or around August 31st 2024 which are before this court, were you the initiating unit of this apparent "pursuit"?
Matt
Matt 2024-10-27 06:12 p.m.
As memory recalls and as the video shows, I was the initiating unit.
polyrabies
polyrabies 2024-10-27 06:14 p.m.
For the record, the vehicle you initiated a pursuit on was a Black 4 door Sedan which can be depicted at 0:04 within the States exhibit https://streamable.com/kxjsv1
Watch "Roblox_2024-08-3112-23-26-_Trim" on Streamable.
polyrabies
polyrabies 2024-10-27 06:14 p.m.
?
Matt
Matt 2024-10-27 06:14 p.m.
The black vehicle at 0:04 was the vehicle that the pursuit was initiated on.
polyrabies
polyrabies 2024-10-27 06:15 p.m.
Okay, why did you initiate a pursuit on the black 4 door sedan?
Matt
Matt 2024-10-27 06:17 p.m.
Initially, I attempted to stop the vehicle due to their speed and the desync/erratic lane change that resulted in my vehicle striking the Trooper.
polyrabies
polyrabies 2024-10-27 06:18 p.m.
Are you aware the Black 4 Door sedan you initiated a pursuit on was a Law Enforcement/Emergency Service vehicle which was equipped with Emergency Lighting Systems?
Matt
Matt 2024-10-27 06:18 p.m.
I was not aware until around 1:04 in the video.
polyrabies
polyrabies 2024-10-27 06:19 p.m.
Were you equipped with any sort of Speed radar or electronic means to track a vehicles speed on August 31st 2024?
Matt
Matt 2024-10-27 06:20 p.m.
I cannot remember if I had a radar gun at the time.
polyrabies
polyrabies 2024-10-27 06:21 p.m.
Are radar guns routinely made available to you as a Deputy within the Clark County Sheriffs Office?
polyrabies
polyrabies 2024-10-27 06:22 p.m.
Did you ever use a Radar Gun or any Electronic means to analyze the speed that the Black 4 Door Sedan was going to ascertain if it was actually speeding?
Matt
Matt 2024-10-27 06:23 p.m.
At the time, I cannot recall if there was a dispenser at the Sheriff's Office. One can be spawned at the Mayflower State Police's station however.
polyrabiespolyrabies
Did you ever use a Radar Gun or any Electronic means to analyze the speed that the Black 4 Door Sedan was going to ascertain if it was actually speeding?
Matt
Matt 2024-10-27 06:23 p.m.
While I did not use a Radar Gun, I had a range of the black vehicle's speed by matching it to the speed of my patrol vehicle.
polyrabies
polyrabies 2024-10-27 06:24 p.m.
May you please answer the question directly?
polyrabies
polyrabies 2024-10-27 06:24 p.m.
Did you or did you not use a Radar Gun or any Electronic means to analyze the speed that the Black 4 Door Sedan was going to ascertain if it was actually speeding?
Matt
Matt 2024-10-27 06:24 p.m.
Uhh
Matt
Matt 2024-10-27 06:24 p.m.
No.
polyrabies
polyrabies 2024-10-27 06:24 p.m.
Okay, thank you I will move onto my next question.
polyrabies
polyrabies 2024-10-27 06:25 p.m.
As a trained Law Enforcement Officer, are you aware that Law Enforcement are able to respond to Emergencies without the use of Emergency Lighting Systems in dire circumstances?
Matt
Matt 2024-10-27 06:26 p.m.
Yes, although I cannot cite the exact law that allows this off memory.
polyrabies
polyrabies 2024-10-27 06:27 p.m.
Once you were cognizant to that the Black 4 Door Sedan was an Law Enforcement Vehicle/Emergency Service vehicle did you ever utilise your radio to communicate with the First Responder?
polyrabies
polyrabies 2024-10-27 06:27 p.m.
I'll rephrase
Matt
Matt 2024-10-27 06:27 p.m.
No, as we were in close proximity.
polyrabies
polyrabies 2024-10-27 06:28 p.m.
Once you were aware that the Black 4 Door Sedan was an Law Enforcement Vehicle/Emergency Service vehicle did you ever utilise your radio to communicate with the First Responder and inform them that they were being pursued?
Matt
Matt 2024-10-27 06:28 p.m.
No, as we were in close proximity.
polyrabies
polyrabies 2024-10-27 06:29 p.m.
So is it fair to say that you never communicated with the Law Enforcement Officer to stop his vehicle through the use of law enforcement wide radio channels?
Matt
Matt 2024-10-27 06:30 p.m.
Yes, as I did not know it was a law enforcement officer until seeing the username.
polyrabies
polyrabies 2024-10-27 06:30 p.m.
I'll refresh your memory at 0:11 https://streamable.com/kxjsv1 during the pursuit you can see a Law Enforcement Officer over the radio indicating a pursuit on foot is taking place?
Watch "Roblox_2024-08-3112-23-26-_Trim" on Streamable.
Matt
Matt 2024-10-27 06:31 p.m.
Could you rephrase the question, I'm a little confused.
polyrabies
polyrabies 2024-10-27 06:33 p.m.
Okay.
polyrabies
polyrabies 2024-10-27 06:33 p.m.
At 0:11 of the States Exhibit https://streamable.com/kxjsv1 on the radio communications can you see Officer 1M01 making transmissions relating to a foot pursuit taking place?
Watch "Roblox_2024-08-3112-23-26-_Trim" on Streamable.
Matt
Matt 2024-10-27 06:34 p.m.
Yes, I can.
polyrabies
polyrabies 2024-10-27 06:35 p.m.
So once the black 4 door sedan halted his vehicle was he at Mersea?
Matt
Matt 2024-10-27 06:36 p.m.
Yes.
polyrabies
polyrabies 2024-10-27 06:36 p.m.
And is Mersea the exact location which the Officer 1M01 was indicating a foot pursuit was taking place?
Matt
Matt 2024-10-27 06:36 p.m.
No.
polyrabies
polyrabies 2024-10-27 06:37 p.m.
Is it your testimony that Officer 1M01 did not say the location of travel of the foot pursuit was from "standish to mersea"?
Matt
Matt 2024-10-27 06:42 p.m.
No, my testimony is that the exact location of the foot pursuit is not exactly specified. The foot pursuit was called out what I believe is shortly after the transmission "standish to mersea", which, if we look on a map of Clark County, is a long stretch of highway between Fort Standish and Mersea. The foot pursuit was never stated to occur in Mersea. Additionally, during the video, there were no further callouts from Officer 1M01, so an exact location of the foot pursuit was never specified.
polyrabies
polyrabies 2024-10-27 06:43 p.m.
I'm not asking about your knowledge of the route
polyrabies
polyrabies 2024-10-27 06:43 p.m.
I'm simply asking is Mersea the exact location which the Officer 1M01 was indicating a foot pursuit was taking place?
polyrabies
polyrabies 2024-10-27 06:44 p.m.
I'll rephrase it
polyrabies
polyrabies 2024-10-27 06:44 p.m.
is Mersea the town which Officer 1M01 mentioned while communicating about locations which relate to the foot pursuit?
polyrabies
polyrabies 2024-10-27 06:46 p.m.
@Kezzera i'd also ask this is struck beyond the "No" response from the record due to irrelevance
polyrabies
polyrabies 2024-10-27 06:47 p.m.
i'm referring to
MattMatt
No, my testimony is that the exact location of the foot pursuit is not exactly specified. The foot pursuit was called out what I believe is shortly after the transmission "standish...
polyrabies
polyrabies 2024-10-27 06:47 p.m.
this response
Kezzera
Kezzera 2024-10-27 09:21 p.m.
if he's correcting then I'll take the new one into account
Kezzera
Kezzera 2024-10-27 09:22 p.m.
unless it's being assessed on credibility
KezzeraKezzera
if he's correcting then I'll take the new one into account
polyrabies
polyrabies 2024-10-27 09:38 p.m.
well the issue i have is that his response isnt relevant to the question posed, the question i asked is quite straightforward
polyrabies
polyrabies 2024-10-27 09:39 p.m.
i would go further in clarifying as to why, however the witness is present within this channel and i wouldnt want to say anything which could affect his testimony
Kezzera
Kezzera 2024-10-27 09:40 p.m.
alright, striked from the record
Kezzera
Kezzera 2024-10-27 09:40 p.m.
wait.
Kezzera
Kezzera 2024-10-27 09:42 p.m.
ok
MattMatt
No, my testimony is that the exact location of the foot pursuit is not exactly specified. The foot pursuit was called out what I believe is shortly after the transmission "standish...
Kezzera
Kezzera 2024-10-27 09:43 p.m.
struck off the record
polyrabies
polyrabies 2024-10-27 09:43 p.m.
id also request the court implements a thread or channel where we can raise issues without the presence of witnesses to avoid impacting their testimony
Kezzera
Kezzera 2024-10-27 09:43 p.m.
do counsellors not have permission already?
Kezzera
Kezzera 2024-10-27 09:43 p.m.
huh. odd
polyrabies
polyrabies 2024-10-27 09:43 p.m.
theres no private thread or channel
Kezzera
Kezzera 2024-10-27 09:43 p.m.
you should be able to create it
Kezzera
Kezzera 2024-10-27 09:43 p.m.
one second
Kezzera
Kezzera 2024-10-27 09:45 p.m.
ok, you may create them now
Kezzera
Kezzera 2024-10-27 09:45 p.m.
i will make one here
polyrabies
polyrabies 2024-10-27 09:45 p.m.
Okay thank you
Kezzera
Kezzera 2024-10-27 09:45 p.m.
PRIVYISSUES
objections and stuff ig
Thread messages not saved.
Kezzera
Kezzera 2024-10-27 09:46 p.m.
if a new thread needs to be made then you may do so, starting msg being said request etc.
polyrabiespolyrabies
is Mersea the town which Officer 1M01 mentioned while communicating about locations which relate to the foot pursuit?
Kezzera
Kezzera 2024-10-27 09:46 p.m.
proceed from here
polyrabies
polyrabies 2024-10-27 09:47 p.m.
I'm awaiting his response, once I get that I have 2-3 more questions and that'll be all for cross.
Kezzera
Kezzera 2024-10-27 09:51 p.m.
thanks counsel, much appreciated
polyrabiespolyrabies
is Mersea the town which Officer 1M01 mentioned while communicating about locations which relate to the foot pursuit?
Matt
Matt 2024-10-27 10:18 p.m.
ill get back to this tmw when i get back from uni
Matt
Matt 2024-10-27 10:18 p.m.
sorry for just dipping but i really had to lock in and finish my hw
polyrabiespolyrabies
is Mersea the town which Officer 1M01 mentioned while communicating about locations which relate to the foot pursuit?
andysofun
andysofun 2024-10-28 04:44 p.m.
Objection asked and answered @Kezzera
polyrabiespolyrabies
And is Mersea the exact location which the Officer 1M01 was indicating a foot pursuit was taking place?
andysofun
andysofun 2024-10-28 04:44 p.m.
Asked and answered here
MattMatt
sorry for just dipping but i really had to lock in and finish my hw
Kezzera
Kezzera 2024-10-28 04:46 p.m.
should be fine
andysofunandysofun
Asked and answered here
Kezzera
Kezzera 2024-10-28 04:46 p.m.
uh, clarify
Kezzera
Kezzera 2024-10-28 04:46 p.m.
are you objecting?
KezzeraKezzera
are you objecting?
andysofun
andysofun 2024-10-28 04:46 p.m.
Yes
Kezzera
Kezzera 2024-10-28 04:46 p.m.
why are you objecting?
andysofun
andysofun 2024-10-28 04:47 p.m.
The question was already asked and answered
Kezzera
Kezzera 2024-10-28 04:47 p.m.
oh you mean
Kezzera
Kezzera 2024-10-28 04:47 p.m.
okay
polyrabies
polyrabies 2024-10-28 04:47 p.m.
He didn’t answer it directly
polyrabies
polyrabies 2024-10-28 04:48 p.m.
And I simply rephrased it
Kezzera
Kezzera 2024-10-28 04:49 p.m.
if there's an objection on reliability, for some reason, then i would take issue (it's the state's witness) but if that's not the case then there's not much to take issue of unless it ended up with a completely different story when posed with the same question
Kezzera
Kezzera 2024-10-28 04:49 p.m.
which both counsel should take issue with actually
Kezzera
Kezzera 2024-10-28 04:49 p.m.
i'll double check this
Kezzera
Kezzera 2024-10-28 04:49 p.m.
oh no it's just
Kezzera
Kezzera 2024-10-28 04:49 p.m.
literally the most recent question
Kezzera
Kezzera 2024-10-28 04:53 p.m.
@andysofun counsel im having trouble finding this supposed repeated question
Kezzera
Kezzera 2024-10-28 04:53 p.m.
would you indicate to the court where it is on the record
polyrabiespolyrabies
And is Mersea the exact location which the Officer 1M01 was indicating a foot pursuit was taking place?
andysofun
andysofun 2024-10-28 04:54 p.m.
Here
polyrabiespolyrabies
is Mersea the town which Officer 1M01 mentioned while communicating about locations which relate to the foot pursuit?
andysofun
andysofun 2024-10-28 04:54 p.m.
And this is the current question
Kezzera
Kezzera 2024-10-28 04:54 p.m.
thank you
Kezzera
Kezzera 2024-10-28 04:56 p.m.
this is a rephrase from what i gather
Kezzera
Kezzera 2024-10-28 04:56 p.m.
i believe defense counsel is asking on clarity
Kezzera
Kezzera 2024-10-28 04:56 p.m.
so i am going to overrule this in that it is not a repeat
Kezzera
Kezzera 2024-10-28 04:57 p.m.
objections for other reasons are welcome
polyrabies
polyrabies 2024-10-29 01:06 a.m.
@Matt i'm still awaiting a response
polyrabies
polyrabies 2024-10-29 01:06 a.m.
to my latest question
polyrabiespolyrabies
is Mersea the town which Officer 1M01 mentioned while communicating about locations which relate to the foot pursuit?
Matt
Matt 2024-10-29 01:55 p.m.
Mersea was mentioned when Officer 1M01 was communicating about locations, but was not the only location.
polyrabies
polyrabies 2024-10-29 05:30 p.m.
Okay as a trained law enforcement officer and a current member of the Mayflower Bureau of Investigations, are you aware unmarked vehicles are routinely used for covert operations?
polyrabies
polyrabies 2024-10-29 05:30 p.m.
Are you also aware that they may respond to incidents without lights and sirens to further their covert capacity?
polyrabies
polyrabies 2024-10-29 05:41 p.m.
at this point of time can you definitively tell this court that my client was not responding to a emergency during this “pursuit”?
polyrabiespolyrabies
Okay as a trained law enforcement officer and a current member of the Mayflower Bureau of Investigations, are you aware unmarked vehicles are routinely used for covert operations?
Matt
Matt 2024-10-29 09:34 p.m.
Yes.
polyrabiespolyrabies
Are you also aware that they may respond to incidents without lights and sirens to further their covert capacity?
Matt
Matt 2024-10-29 09:34 p.m.
Yes.
polyrabiespolyrabies
at this point of time can you definitively tell this court that my client was not responding to a emergency during this “pursuit”?
Matt
Matt 2024-10-29 09:37 p.m.
As there were no updates as to the location of the pursuit from the start to the end of the recording, as well as the fact that when they stopped the pursuit was nowhere in sight, I find it hard to believe that they were responding. However, I cannot say with absolute certanty that this is the case.
polyrabies
polyrabies 2024-10-29 11:54 p.m.
@Kezzera motioning for his response to be struck from the record due to speculation
polyrabies
polyrabies 2024-10-29 11:55 p.m.
@Matt please directly answer my question
polyrabies
polyrabies 2024-10-30 12:14 a.m.
actually no, i rescind my objection
polyrabies
polyrabies 2024-10-30 12:14 a.m.
and have no further questions thank you for your time @Matt
Matt
Matt 2024-10-30 12:16 a.m.
hope i helped
Matt
Matt 2024-10-30 12:16 a.m.
(i think this is all that i am needed for, if there is anything else please dm me!)
Kezzera
Kezzera 2024-10-30 10:56 p.m.
thanks for the queries
Kezzera
Kezzera 2024-10-30 10:56 p.m.
and thank you
Kezzera
Kezzera 2024-10-30 10:56 p.m.
@Matt believing counsels have now asked everything of you, we will proceed to the next witness (confirm this)? @andysofun
MattMatt
(i think this is all that i am needed for, if there is anything else please dm me!)
Kezzera
Kezzera 2024-10-30 10:56 p.m.
i wont hold you any longer but please do note
Matt
Matt 2024-10-30 10:57 p.m.
all good ill still be available
Kezzera
Kezzera 2024-10-31 12:20 p.m.
@andysofun I will see to it you begin presenting the next witness, etc.
andysofun
andysofun 2024-10-31 03:38 p.m.
Yes
KezzeraKezzera
@andysofun I will see to it you begin presenting the next witness, etc.
andysofun
andysofun 2024-10-31 03:38 p.m.
We call @billy to the stand
billy
billy 2024-10-31 05:05 p.m.
-I’d walk up to the stand wearing a green suit, and a wholesome sunflower-
Kezzera
Kezzera 2024-10-31 05:16 p.m.
-returns from dinner and takes seat for the zoom call-
Kezzera
Kezzera 2024-10-31 05:21 p.m.
@billy If you wish to swear, then respond "I do" to the question:

Do you swear to tell the truth, the whole, truth, and nothing but the truth so help you God?

If you affirm, say I do to the question:

Do you affirm to tell the truth, the whole, truth, and nothing but the truth?
Kezzera
Kezzera 2024-11-02 05:59 p.m.
@billy Hi it's been a few days now, please confirm
billy
billy 2024-11-02 06:02 p.m.
Oh sorry
billy
billy 2024-11-02 06:02 p.m.
I do
billy
billy 2024-11-02 06:02 p.m.
@Kezzera
❤️1
andysofun
andysofun 2024-11-02 09:21 p.m.
@Kezzera for this witness should I ask my questions all at once or one by one
Kezzera
Kezzera 2024-11-02 10:28 p.m.
The same as we did last time @andysofun (all at once)
andysofun
andysofun 2024-11-03 09:42 a.m.
Could you please state your name for the record?
What is your occupation in this state?
On the 31st of August, were you on-duty as a state trooper?
I’m going to post a video in the case channel, please watch the video and let me know once you’re done. (https://streamable.com/kxjsv1)
Watch "Roblox_2024-08-3112-23-26-_Trim" on Streamable.
andysofun
andysofun 2024-11-03 09:42 a.m.
I have more questions after that but it's best the witness answers after he watches the video
andysofunandysofun
Could you please state your name for the record? What is your occupation in this state? On the 31st of August, were you on-duty as a state trooper? I’m going to post a video in the...
andysofun
andysofun 2024-11-03 09:42 a.m.
@billy
polyrabies
polyrabies 2024-11-03 03:07 p.m.
He’s already watched the video
polyrabies
polyrabies 2024-11-03 03:08 p.m.
During the pc hearing I object to any unneeded delays
polyrabies
polyrabies 2024-11-03 04:55 p.m.
@Kezzera i ask you reinforce your request to have all questions asked at once to avoid unwanted delays
❤️1
andysofun
andysofun 2024-11-03 05:13 p.m.
alright sure I'll ask the rest of my questions as well
andysofunandysofun
Could you please state your name for the record? What is your occupation in this state? On the 31st of August, were you on-duty as a state trooper? I’m going to post a video in the...
andysofun
andysofun 2024-11-03 05:17 p.m.
continued list of questions (answer these along with those above):
Who recorded that video?
--I would like to direct your attention to the events between 0:00 and 0:10 in that video--
Are you driving down the highway in your patrol vehicle?
And while driving did you ever observe any vehicle commit a traffic infraction?
Which vehicle committed a traffic infraction?
What was this vehicle doing?
How fast was the vehicle going?
What’s the speed limit of the highway you were on?
And are there signs on the highway stating the speed limit?
What was your reaction to this vehicle’s dangerous driving?
Did the vehicle stop when you engaged your lights and sirens?
--I would like to move on to the pursuit of the vehicle--
Were any other officers pursuing the vehicle with you?
Who was the officer?
During the pursuit, did you try to perform a pit maneuver on the vehicle?
And what was the outcome of that pit maneuver?
Which part of the fleeing vehicle did your vehicle collide with?
Did the fleeing vehicle stop after you collided with it?
Did the fleeing vehicle even slow down?
And do you believe that the person driving the vehicle knew you were pursuing them?
Why do you believe that?
-–I would now like to move onto the ending of the pursuit–-
Were you eventually able to box in the vehicle?
When the vehicle was boxed in, were you able to identify the driver?
Who was the driver?
Throughout your encounter with Weimerican_boz, did he ever have his lights or sirens engaged?
Does the video in the case chat accurately represent the events that you’ve described in your testimony today?
@billy
andysofunandysofun
alright sure I'll ask the rest of my questions as well
Kezzera
Kezzera 2024-11-03 06:52 p.m.
thank you for this
polyrabies
polyrabies 2024-11-03 09:50 p.m.
@Kezzera objection as to "Who recorded that video?" irrelevance
polyrabies
polyrabies 2024-11-03 09:50 p.m.
Objection as to "What was your reaction to this vehicle’s dangerous driving?" vague
polyrabies
polyrabies 2024-11-03 09:52 p.m.
Objection as to "And do you believe that the person driving the vehicle knew you were pursuing them?" speculation as he cannot possibly ascertain my clients state of mind
polyrabiespolyrabies
@Kezzera objection as to "Who recorded that video?" irrelevance
andysofun
andysofun 2024-11-03 11:13 p.m.
It's relevant because I want to authenticate it to admit it into evidence
polyrabiespolyrabies
Objection as to "What was your reaction to this vehicle’s dangerous driving?" vague
andysofun
andysofun 2024-11-03 11:14 p.m.
Seems pretty clear to me
andysofunandysofun
It's relevant because I want to authenticate it to admit it into evidence
polyrabies
polyrabies 2024-11-03 11:14 p.m.
the video clip has been in evidence for nearly 2 mnths
andysofun
andysofun 2024-11-03 11:15 p.m.
Your honor, authentication is required under the rules of evidence
❤️1
polyrabiespolyrabies
Objection as to "And do you believe that the person driving the vehicle knew you were pursuing them?" speculation as he cannot possibly ascertain my clients state of mind
andysofun
andysofun 2024-11-03 11:15 p.m.
Under rule 701, a witness can testify opinion that is based on their rationally based perceptions, helpful to determine a fact at issue, and not an expert opinion. Therefore, the witness can be asked that question
polyrabies
polyrabies 2024-11-03 11:16 p.m.
the video has already been admitted into evidence
andysofunandysofun
Under rule 701, a witness can testify opinion that is based on their rationally based perceptions, helpful to determine a fact at issue, and not an expert opinion. Therefore, the w...
polyrabies
polyrabies 2024-11-03 11:17 p.m.
they cant speculate about someones state of mind
andysofun
andysofun 2024-11-03 11:19 p.m.
I'm asking the witness whether they believe the defendant knew he was being pursued, not whether the defendant actually knew he was being pursued
polyrabies
polyrabies 2024-11-03 11:22 p.m.
Firstly the witness has NO basis to have knowledge about any elements which can indicate that my client knew he was being pursued, no conversation took place, within in game context theres no element such as facial expressions or physical gestures which can create a basis for any observation which could lead the witness to the conclusion that the defendant was being pursued... So I'm not sure why you're arguing this he has basis to answer your question other then to directly speculate what my client was thinking....
polyrabies
polyrabies 2024-11-03 11:23 p.m.
that the defendant knew he was being pursued*
polyrabies
polyrabies 2024-11-03 11:23 p.m.
therefore I ask the judge strikes the question from the record as it's speculative
polyrabies
polyrabies 2024-11-03 11:27 p.m.
he has no basis*
andysofunandysofun
continued list of questions (answer these along with those above): Who recorded that video? --I would like to direct your attention to the events between 0:00 and 0:10 in that vide...
billy
billy 2024-11-04 01:28 a.m.
me
yes
yes
the unmarked lcpd evora
he was driving erratically and was speeding
could not say for certian how fast he was going
the speed limit is 70
yes, there are speed limit sights
natural
no
yes, ccso deputy mattcern was with me
ccso deputy mattcern
yes
I crashed into the guard rail
nothing
no
yes
because i was chasing them with my lights and sirens activated
yes
I was able to identify the driver after I bashed his windows out with my baton
Weimerican_Boz
no I did not see any lights or sirens activated
yes
billybilly
me yes yes the unmarked lcpd evora he was driving erratically and was speeding could not say for certian how fast he was going the speed limit is 70 yes, there are speed limit s...
andysofun
andysofun 2024-11-04 06:53 a.m.
I would like to expand on your crash into the guard rail
Please go to 0:37 of the video
Could you describe what’s happening at that point?
polyrabiespolyrabies
@Kezzera objection as to "Who recorded that video?" irrelevance
Kezzera
Kezzera 2024-11-04 07:13 a.m.
Overruled - cannot see how the question is irrelevant
polyrabies
polyrabies 2024-11-04 07:14 a.m.
We can clearly see who recorded the video
polyrabies
polyrabies 2024-11-04 07:14 a.m.
its not relevant imo
polyrabies
polyrabies 2024-11-04 07:15 a.m.
if the question was directed at events within the video, yeah it'd be relevant but the questions directed to properties of the video such as the individual who RECORDED it using a program
polyrabiespolyrabies
Firstly the witness has NO basis to have knowledge about any elements which can indicate that my client knew he was being pursued, no conversation took place, within in game contex...
Kezzera
Kezzera 2024-11-04 07:16 a.m.
This is agreeable. Third objection sustained unless state can show there's another way or state the given practice to ascertain such personal characteristics (I don't know what it is really)(edited)
polyrabiespolyrabies
Objection as to "What was your reaction to this vehicle’s dangerous driving?" vague
Kezzera
Kezzera 2024-11-04 07:16 a.m.
Overruled - it is clear - another reason perhaps?
polyrabiespolyrabies
if the question was directed at events within the video, yeah it'd be relevant but the questions directed to properties of the video such as the individual who RECORDED it using a ...
Kezzera
Kezzera 2024-11-04 07:17 a.m.
It seems to be for confirming a fact which is not entirely irrelevant, it's a common practise in TA
Kezzera
Kezzera 2024-11-04 07:18 a.m.
Can it be a time waste? Sure
Kezzera
Kezzera 2024-11-04 07:18 a.m.
But is it irrelevant? No
Kezzera
Kezzera 2024-11-04 07:18 a.m.
As to the states point about authentication of the evidence: true, but this was already done long ago
andysofunandysofun
I would like to expand on your crash into the guard rail Please go to 0:37 of the video Could you describe what’s happening at that point?
Kezzera
Kezzera 2024-11-04 07:19 a.m.
From here, continue. Disregarded question under third objection unless re-framed. Retain 2nd. Retain 1st.(edited)
polyrabies
polyrabies 2024-11-04 07:20 a.m.
Can you please impose a deadline for the state to question their witness, as far as i'm aware they were directed to ask all questions at once and did so now they're asking further questions.
Kezzera
Kezzera 2024-11-04 07:21 a.m.
We've agreed not to set these deadlines so everyone can answer comfortably. If the state wants it too then yes sure
Kezzera
Kezzera 2024-11-04 07:21 a.m.
If you show its prejudicial otherwise then that'll work fine too, state will have a chance to obviously respond
polyrabies
polyrabies 2024-11-04 07:22 a.m.
It's not a huge issue to me, it's just there's been a number of un needed delays and asking further questions after the state was directed to ask all questions at once can contribute to these delays.
polyrabies
polyrabies 2024-11-04 07:27 a.m.
I'm also gonna object once again as to "What was your reaction to this vehicle’s dangerous driving?" as it's leading the witness to an answer by implying they had a reaction and it's also asserting the vehicle was "dangerously driving"
polyrabies
polyrabies 2024-11-04 07:28 a.m.
overall, i dont believe the questions appropriate at all as it directly influences the witnesses response due to the questionable assertion made that my clients vehicle was "Dangerously driving" and concluding that the witness had a reaction when he could of not reacted at all.
Kezzera
Kezzera 2024-11-04 09:50 a.m.
@andysofun
andysofunandysofun
I would like to expand on your crash into the guard rail Please go to 0:37 of the video Could you describe what’s happening at that point?
billy
billy 2024-11-04 12:36 p.m.
I speed up to overtake him, I didn’t give myself enough space to properly desync him resulting me crashing into the guard rail
polyrabiespolyrabies
I'm also gonna object once again as to "What was your reaction to this vehicle’s dangerous driving?" as it's leading the witness to an answer by implying they had a reaction and i...
andysofun
andysofun 2024-11-05 07:42 a.m.
The witness said the driver was “driving erratically and speeding” and the witness also said he reacted by pursuing the car @Kezzera
andysofun
andysofun 2024-11-05 07:43 a.m.
No further questions if the objection is overruled
andysofunandysofun
The witness said the driver was “driving erratically and speeding” and the witness also said he reacted by pursuing the car @Kezzera
Kezzera
Kezzera 2024-11-06 05:45 p.m.
I will overrule in that it is not leading for this fact(edited)
Kezzera
Kezzera 2024-11-06 08:45 p.m.
@andysofun I will take it then that this is the conclusion of your second witness
Kezzera
Kezzera 2024-11-06 08:45 p.m.
@polyrabies You are free to act
andysofun
andysofun 2024-11-06 10:55 p.m.
Yep no further questions
❤️1
Kezzera
Kezzera 2024-11-06 10:57 p.m.
@polyrabies
Kezzera
Kezzera 2024-11-06 10:57 p.m.
CE begins
polyrabies
polyrabies 2024-11-07 07:11 a.m.
will get to it tommorrow
❤️1
polyrabies
polyrabies 2024-11-07 09:11 p.m.
@billy Good afternoon mr billy, I have some questions for you in relation to your testimony with the state:

1. At 0:11 of the States Exhibit https://streamable.com/kxjsv1 on the radio communications can you see Officer 1M01 making transmissions relating to a foot pursuit taking place?

2. Once the black 4 door sedan stopped was it at Mersea?

3. is Mersea the town which Officer 1M01 mentioned while communicating about locations which relate to the foot pursuit?

4. As a trained law enforcement officer, are you aware unmarked vehicles are routinely used for covert operations?

5. Are you also aware that they may respond to incidents without lights and sirens to further their covert capacity?

6. at this point of time can you definitively tell this court that my client was not responding to a emergency during this “pursuit”?

7. Is it true that once my Clients vehicle halted before seeing his username you uttered "BOZ"?

8. Who were you referring to when you uttered "BOZ"?

9. Is it true that you have a personal relationship with my Client Mr. Boz?

10. Are you currently cordial with my Client Mr. Boz?
Watch "Roblox_2024-08-3112-23-26-_Trim" on Streamable.
❤️1
polyrabies
polyrabies 2024-11-07 09:14 p.m.
10. Is it true that you werent equipped with any speed detection devices on August 31st 2024?
polyrabies
polyrabies 2024-11-07 09:14 p.m.
11. Is it true that you cannot definitively tell this court that my Client was speeding?
polyrabies
polyrabies 2024-11-07 09:15 p.m.
12. Is it true that you never utilised any speed detection device to determine the speed my client was going on August 31st 2024?
polyrabies
polyrabies 2024-11-07 09:18 p.m.
13. Is it true that at 1:04 of the States Exhibit my Clients vehicle is stationary?
polyrabies
polyrabies 2024-11-07 09:18 p.m.
14. Is it true that at 1:04 of the States Exhibit my Clients vehicle isn't in motion or fleeing Law Enforcement?
polyrabies
polyrabies 2024-11-07 09:19 p.m.
15. is it true that at 1:04 of the States Exhibit my Clients vehicle is within Mersea?
polyrabies
polyrabies 2024-11-07 09:19 p.m.
That's all the questions I have.
polyrabies
polyrabies 2024-11-07 09:20 p.m.
Ignore question 2 please.
❤️1
andysofun
andysofun 2024-11-07 09:51 p.m.
(I have some redirect questions after the cross)
❤️1
polyrabiespolyrabies
Ignore question 2 please.
Kezzera
Kezzera 2024-11-07 09:53 p.m.
Received, Q2 struck off
andysofunandysofun
(I have some redirect questions after the cross)
polyrabies
polyrabies 2024-11-07 09:54 p.m.
cross is over
polyrabies
polyrabies 2024-11-07 09:54 p.m.
If we can aim to get redirect done today that'd be good
polyrabies
polyrabies 2024-11-07 09:54 p.m.
Because this is seriously taking to long
andysofun
andysofun 2024-11-07 09:54 p.m.
sure I can ask my redirect questions
andysofun
andysofun 2024-11-07 09:55 p.m.
Was Weimerican_Boz driving his vehicle going at least 30 MPH above the speed limit?
And were you able to get a clear look of the vehicle’s speed during your pursuit?
And is your determination about their speed based on your visual observation of the vehicle?
polyrabies
polyrabies 2024-11-07 09:55 p.m.
?? he hasnt asked
polyrabies
polyrabies 2024-11-07 09:55 p.m.
i mean
polyrabies
polyrabies 2024-11-07 09:55 p.m.
answered the crosse xam questions
polyrabies
polyrabies 2024-11-07 09:56 p.m.
so how are u doing redirect rn...
andysofun
andysofun 2024-11-07 09:56 p.m.
ok then nevermind I thought you meant you wanted redirect done rn
polyrabies
polyrabies 2024-11-07 09:56 p.m.
No I just said it'd be good if it could be done today
polyrabies
polyrabies 2024-11-07 09:56 p.m.
assuming billy would answer tdy
andysofunandysofun
Was Weimerican_Boz driving his vehicle going at least 30 MPH above the speed limit? And were you able to get a clear look of the vehicle’s speed during your pursuit? And is your de...
andysofun
andysofun 2024-11-07 09:56 p.m.
@Kezzera these can be struck
polyrabiespolyrabies
No I just said it'd be good if it could be done today
andysofun
andysofun 2024-11-07 09:56 p.m.
I see
andysofunandysofun
@Kezzera these can be struck
Kezzera
Kezzera 2024-11-07 09:56 p.m.
Struck
polyrabies
polyrabies 2024-11-09 08:17 p.m.
@billy can you please answer the questions I provided above?
polyrabies
polyrabies 2024-11-09 08:17 p.m.
at your earliest convinience of course, just reminding you as last time you forgot.
polyrabiespolyrabies
@billy Good afternoon mr billy, I have some questions for you in relation to your testimony with the state: 1. At 0:11 of the States Exhibit https://streamable.com...
billy
billy 2024-11-09 11:20 p.m.
polyrabies
polyrabies 2024-11-09 11:20 p.m.
errrrrrrrrrrrrrrrrrrrr
polyrabies
polyrabies 2024-11-09 11:21 p.m.
im not sure how acceptable that voice message is, as its kinda hard to discern what question your responding to however that's up to @Kezzera
polyrabies
polyrabies 2024-11-09 11:26 p.m.
i'd also like to add at times it's indiscernable as to what the witness mr billy is saying within that voice message so i ask he's asked to type it
Kezzera
Kezzera 2024-11-09 11:27 p.m.
uhh
Kezzera
Kezzera 2024-11-09 11:28 p.m.
i mean it's still testimony
Kezzera
Kezzera 2024-11-09 11:28 p.m.
i don't see how it can be invalid
Kezzera
Kezzera 2024-11-09 11:28 p.m.
you can confirm whether he's starting from question 1
Kezzera
Kezzera 2024-11-09 11:28 p.m.
and clarify if he answered all questions you gave
polyrabies
polyrabies 2024-11-09 11:29 p.m.
It's indiscernable
polyrabies
polyrabies 2024-11-09 11:29 p.m.
some parts within the voice message
polyrabies
polyrabies 2024-11-09 11:29 p.m.
cannot be reasonably comprehended
Kezzera
Kezzera 2024-11-09 11:32 p.m.
imnot sure where it is indiscernible
Kezzera
Kezzera 2024-11-09 11:32 p.m.
his speech is clear
polyrabies
polyrabies 2024-11-09 11:36 p.m.
Well there's parts at around 2:00-2:30

3:00 - 2:40
polyrabies
polyrabies 2024-11-09 11:37 p.m.
where his mic cuts out or
polyrabies
polyrabies 2024-11-09 11:37 p.m.
he just stops talking?
polyrabies
polyrabies 2024-11-09 11:37 p.m.
overall my point it's really impractical from a defense attorneys point of view to have to decipher each vocalisation when i cant know for sure at parts where he seems to be stopping or if thats his mic cutting out and at some aprts you literally cannot tell what he's saying
polyrabies
polyrabies 2024-11-09 11:40 p.m.
i can provide caselaw which reinforces that witness testimony must be telligible and reasonably comprehendable if needed
polyrabies
polyrabies 2024-11-09 11:40 p.m.
intelligible*
polyrabiespolyrabies
he just stops talking?
Kezzera
Kezzera 2024-11-10 12:07 a.m.
huh? not on my end
polyrabies
polyrabies 2024-11-10 12:07 a.m.
For me that's what i can hear
polyrabiespolyrabies
i can provide caselaw which reinforces that witness testimony must be telligible and reasonably comprehendable if needed
Kezzera
Kezzera 2024-11-10 12:07 a.m.
im not doubting it but it is not unintelligible
Kezzera
Kezzera 2024-11-10 12:07 a.m.
ill listen again
Kezzera
Kezzera 2024-11-10 12:09 a.m.
hi, i really cant tell where theissue is
Kezzera
Kezzera 2024-11-10 12:09 a.m.
i went to your timestamps
Kezzera
Kezzera 2024-11-10 12:09 a.m.
he does not cut out for me
Kezzera
Kezzera 2024-11-10 12:09 a.m.
i can justask him to provide the written response
billy
billy 2024-11-10 12:20 a.m.
yes.
YES,
yes.
yes,
in some situations yes
there is no evidence that supports that he was responding to a call at the time
yes
the same person who you are refering to when you say "Mr. Boz"
yes, boz and I have a sexual relationship
yes
yes
No, I can say without a doubt that he was speeding
yes
yes
yes
yes
yes
❤️1
billy
billy 2024-11-10 12:22 a.m.
@polyrabies : D : 3
polyrabies
polyrabies 2024-11-10 12:45 a.m.
Appreciated
polyrabiespolyrabies
Kezzera
Kezzera 2024-11-10 02:17 a.m.
Thanks for receipt
Kezzera
Kezzera 2024-11-10 02:17 a.m.
I have already processed this and submitted the receipts
Kezzera
Kezzera 2024-11-10 02:18 a.m.
It was confirmed that these proceedings will continue until conclusion(edited)
KezzeraKezzera
Thanks for receipt
polyrabies
polyrabies 2024-11-10 02:43 a.m.
so the pardon has no value.?
polyrabies
polyrabies 2024-11-10 02:44 a.m.
how will the pardon effect these proceedings?
Kezzera
Kezzera 2024-11-10 03:14 a.m.
Apparently they were for his current records standing
Kezzera
Kezzera 2024-11-10 03:14 a.m.
I can double check tomorrow on the position with the pardon attorney's office
polyrabies
polyrabies 2024-11-10 03:24 a.m.
It was issued by the governor
andysofun
andysofun 2024-11-10 10:38 a.m.
pardon power can only be used after sentence, so the state objects to any dismissal of the case
polyrabiespolyrabies
Appreciated
andysofun
andysofun 2024-11-10 10:40 a.m.
are you done with your cross
polyrabies
polyrabies 2024-11-10 02:39 p.m.
Yes
Kezzera
Kezzera 2024-11-10 06:46 p.m.
If no objections are to be entered then I will expect the state to wrap up its presentations (if any remain)(edited)
andysofun
andysofun 2024-11-10 08:15 p.m.
Was Weimerican_Boz driving his vehicle going at least 30 MPH above the speed limit?
And were you able to get a clear look of the vehicle’s speed during your pursuit?
And is your determination about their speed based on your visual observation of the vehicle?
@billy
Kezzera
Kezzera 2024-11-10 11:19 p.m.
???????????????????????
Kezzera
Kezzera 2024-11-10 11:19 p.m.
sorry?
polyrabies
polyrabies 2024-11-11 03:18 a.m.
@Kezzera Your Honor, I object to these questions as they are being asked without the court’s permission
polyrabies
polyrabies 2024-11-11 03:19 a.m.
And I will motion for a mistrial if the state continues to bolster the witness with questions which werent permitted
Kezzera
Kezzera 2024-11-11 12:54 p.m.
I don't know what the state is doing asking these questions so I will just not even allow these to go on the record
Kezzera
Kezzera 2024-11-11 12:55 p.m.
and I will not make assumptions on what the state intended to do(edited)
polyrabies
polyrabies 2024-11-11 04:30 p.m.
thank you your honor
polyrabies
polyrabies 2024-11-13 07:16 a.m.
can we please get this moving?
polyrabies
polyrabies 2024-11-13 07:17 a.m.
it's been more then 2 weeks since the trial started
Kezzera
Kezzera 2024-11-13 03:28 p.m.
I have waited
Kezzera
Kezzera 2024-11-13 03:28 p.m.
@andysofun Are you done?
Kezzera
Kezzera 2024-11-13 03:28 p.m.
The defense is waiting for quite some time
KezzeraKezzera
@andysofun Are you done?
andysofun
andysofun 2024-11-13 04:33 p.m.
We’re asking redirect questions
andysofun
andysofun 2024-11-13 04:34 p.m.
Is the court not allowing redirect?
Kezzera
Kezzera 2024-11-13 11:19 p.m.
I wasn't aware you intended to do that
Kezzera
Kezzera 2024-11-13 11:19 p.m.
Thank you for clarifying @andysofun
Kezzera
Kezzera 2024-11-13 11:20 p.m.
I will allow the questions, please re-tag him with your questions as I struck out your original redirects
Kezzera
Kezzera 2024-11-13 11:20 p.m.
Please do announce your intentions to next time or let me know a little in advance
andysofun
andysofun 2024-11-14 11:25 a.m.
thank you your honor
KezzeraKezzera
Please do announce your intentions to next time or let me know a little in advance
andysofun
andysofun 2024-11-14 11:25 a.m.
understood
❤️1
andysofun
andysofun 2024-11-14 11:25 a.m.
Was Weimerican_Boz driving his vehicle going at least 30 MPH above the speed limit?
And were you able to get a clear look of the vehicle’s speed during your pursuit?
And is your determination about their speed based on your visual observation of the vehicle?
@billy
billy
billy 2024-11-14 11:56 a.m.
Yes and yes
billy
billy 2024-11-14 11:56 a.m.
Yes
billy
billy 2024-11-14 11:57 a.m.
At least 100-110 mph if not more
andysofun
andysofun 2024-11-14 04:14 p.m.
no further questions @Kezzera @polyrabies
andysofun
andysofun 2024-11-14 04:14 p.m.
and if the defense has no re-cross then we rest our case
andysofun
andysofun 2024-11-14 04:15 p.m.
and we admit this into evidence as state's exhibit a https://streamable.com/kxjsv1
Watch "Roblox_2024-08-3112-23-26-_Trim" on Streamable.
polyrabies
polyrabies 2024-11-14 04:17 p.m.
Can we please get this moving I’ve got end of year exams in about a week
andysofunandysofun
and we admit this into evidence as state's exhibit a https://streamable.com/kxjsv1
Kezzera
Kezzera 2024-11-15 01:59 a.m.
We're aware
polyrabiespolyrabies
Can we please get this moving I’ve got end of year exams in about a week
Kezzera
Kezzera 2024-11-15 01:59 a.m.
I assume no re-cross. We will conclude the state's case and move onto the defendant's submissions etc.
KezzeraKezzera
I assume no re-cross. We will conclude the state's case and move onto the defendant's submissions etc.
polyrabies
polyrabies 2024-11-15 02:07 a.m.
No re cross.
Kezzera
Kezzera 2024-11-15 02:10 a.m.
You're free to begin your submissions when you are able to
polyrabies
polyrabies 2024-11-15 02:14 a.m.
Alright
KezzeraKezzera
You're free to begin your submissions when you are able to
polyrabies
polyrabies 2024-11-15 06:21 p.m.
i waive this submission period and ask that we move onto closing arguments
andysofun
andysofun 2024-11-15 09:58 p.m.
@Kezzera state motions to nolle prosequi the hit and run charge
andysofun
andysofun 2024-11-15 09:58 p.m.
cc: @polyrabies
andysofun
andysofun 2024-11-15 09:59 p.m.
And the state is ready to present our closing statement whenever the court is ready
polyrabies
polyrabies 2024-11-15 10:07 p.m.
is it being nolle prosequied with prejudice or without
polyrabiespolyrabies
is it being nolle prosequied with prejudice or without
andysofun
andysofun 2024-11-16 12:38 p.m.
with prejudice because of double jeopardy
polyrabies
polyrabies 2024-11-16 04:10 p.m.
alright
polyrabies
polyrabies 2024-11-16 04:10 p.m.
can we get to closing arguments? @Kezzera i'm ready for them so is the state
andysofun
andysofun 2024-11-19 04:34 p.m.
@Kezzera
polyrabies
polyrabies 2024-11-21 01:02 a.m.
i'll be back next week
polyrabies
polyrabies 2024-11-21 01:03 a.m.
hopefully alberts back by then
polyrabies
polyrabies 2024-11-21 01:04 a.m.
if im not back by next week, i'll probably be back in like 2 weeks
polyrabies
polyrabies 2024-11-21 01:08 a.m.
if my presence is required urgently earlier lmk
Kezzera
Kezzera 2024-11-25 09:46 p.m.
hello, many apologies
Kezzera
Kezzera 2024-11-25 09:46 p.m.
stuff has occured as of recent so my presence is limited
Kezzera
Kezzera 2024-11-25 09:47 p.m.
my institution will confirm my exam dates with me by the end of the working week
polyrabiespolyrabies
i waive this submission period and ask that we move onto closing arguments
Kezzera
Kezzera 2024-11-25 09:48 p.m.
i will acknowledge this -
andysofunandysofun
@Kezzera state motions to nolle prosequi the hit and run charge
Kezzera
Kezzera 2024-11-25 09:48 p.m.
i will enter this
polyrabies
polyrabies 2024-11-25 09:48 p.m.
yeah its ok i also got exams
Kezzera
Kezzera 2024-11-25 09:48 p.m.
yeah
Kezzera
Kezzera 2024-11-25 09:48 p.m.
not entirely hyperfocused with lego law
Kezzera
Kezzera 2024-11-25 09:48 p.m.
at this time
polyrabies
polyrabies 2024-11-25 09:48 p.m.
:😭: rightfully so
Kezzera
Kezzera 2024-11-25 09:48 p.m.
i think we'll see more availability by around the 23 of december
Kezzera
Kezzera 2024-11-25 09:48 p.m.
or earlier
Kezzera
Kezzera 2024-11-25 09:48 p.m.
they keep fucking up my timetables
polyrabies
polyrabies 2024-11-25 09:48 p.m.
Yeah honestly that's fine with me
Kezzera
Kezzera 2024-11-25 09:49 p.m.
ok, that's fine
Kezzera
Kezzera 2024-11-25 09:49 p.m.
i appreciate this
polyrabies
polyrabies 2024-11-25 09:49 p.m.
No problem good luck with exams
Kezzera
Kezzera 2024-11-25 09:49 p.m.
i enter the following
Kezzera
Kezzera 2024-11-25 09:49 p.m.
ty :❤️: you too as well
Kezzera
Kezzera 2024-11-25 09:50 p.m.
I direct
- closing arguments to be submitted, in full, as soon as possible and convenient by both counsels.
- that the HIT AND RUN MISD charge is put for strike consideration.
Kezzera
Kezzera 2024-11-25 09:50 p.m.
@andysofun You will be able to submit closings
Kezzera
Kezzera 2024-11-25 09:50 p.m.
@polyrabies You willbe able to submit closings
Kezzera
Kezzera 2024-11-25 09:50 p.m.
I will waive the wait period between both
Kezzera
Kezzera 2024-11-25 09:50 p.m.
Either can submit first
Kezzera
Kezzera 2024-11-25 09:51 p.m.
Thereafter I will conclude proceedings and issue my judgment
polyrabies
polyrabies 2024-11-25 09:51 p.m.
I will submit mine now
polyrabies
polyrabies 2024-11-25 09:51 p.m.
Your honor, the State has failed to meet the burden of proof to convict my Client and have presented a case which lacks merit and fails to consider key elements such as my Clients lawful actions as a sworn law enforcement officer actively responding to an emergency.
polyrabies
polyrabies 2024-11-25 09:51 p.m.
On Count 1 Evasion, I ask that you find Weimerican_Boz not guilty due to the state failing to prove beyond a reasonable doubt that Mr Boz committed such act. As shown within the States Exhibit A, during the “pursuit” of mr Boz MSP State Trooper 1M01 is transmitting that a foot pursuit is taking place and the suspects direction of travel is to the town of Mersea. Mr Boz can be observed in a Emergency Vehicle which is Unmarked responding to the foot pursuit and ended up at Mersea which is where he actually halted his vehicle to intercept the fleeing suspect, Mersea is the exact place where Trooper 1M01 indicated the individual involved with the foot pursuit was heading. The fact that a Foot Pursuit was taking place during my Clients “pursuit” alongside the fact that my Client was actively representing the Lander City Police Department as a Sworn Law Enforcement Officer who transported himself to the town of Mersea which was transmitted as a location material to the foot pursuit constitutes a reasonable doubt that my Client committed Evasion. The State asserts that my Client failed to use Emergency Lights or Sirens, however my Client was acting in a covert Law Enforcement capacity utilising an Unmarked Lander City Police Department issued vehicle. Both of the States witnesses who are actively employed Law Enforcement Officers have testified under oath that Unmarked vehicles don’t utilise Lights and Sirens at times to further their covert capacity. The State is required to establish that my client acted with criminal intent to evade. However, the facts show my client was actively engaged in fulfilling his law enforcement responsibilities by responding to an ongoing emergency. This creates significant reasonable doubt as to whether my client intended to commit the alleged act of Evasion and also creates significant reasonable doubt as to whether my Client actually committed the alleged act of Evasion.
polyrabies
polyrabies 2024-11-25 09:51 p.m.
On Count 2 of Reckless Driving, I ask that you find Weimerican_Boz not guilty due to the state failing to prove beyond a reasonable doubt that Mr Boz committed such act. Mr Boz who was actively on duty as a Sworn Law Enforcement Officer of the Lander City Police Department who was operating a Unmarked Emergency Vehicle was responding to an Foot Pursuit which was being simultaneously transmitted over the Radio by State Trooper 1M01 as the “pursuit” of Mr Boz which shows that my Client was actually responding to an Emergency and not recklessly driving. The State Code elements of Reckless Driving require an individual to commit three or more traffic violations or be reasonably operating a vehicle in a manner which an individual considers to be reckless. The State repeatedly asserts that my Client was speeding through the use of testimony by Law Enforcement who weren’t equipped with the verifiable electronic means to concretely track a Vehicles speed, both Witnesses Mattcern and ParkRangerBilly who were the Law Enforcement Officers pursuing my Client have asserted through testimony that they cannot definitively tell this court that my Client was speeding. The State doesn’t assert that my Clients “reckless” driving consists of three or more traffic violations and instead argues that the speed is reckless without considering that my Client was a on duty Law Enforcement Officer who was responding to an Emergency involving a fleeing suspect. The State also fails to recognize that Law Enforcement routinely use heightened levels of speed to expeditiously respond to Emergencies to preserve Public Safety which is what Mr Boz was doing while acting as a Law Enforcement Officer.
polyrabies
polyrabies 2024-11-25 09:51 p.m.
On Count 3 of Excessive Speeding, I ask that you find Weimerican_Boz not guilty due to the state failing to prove beyond a reasonable doubt that Mr Boz committed such act. As previously set forth, my Client was a on duty Law Enforcement Officer utilising a Emergency Service Vehicle which was Unmarked while responding to a Emergency Call. As previously testified by Witness Mattcern who is employed by the Department of Justice's Mayflower Bureau of Investigation, Unmarked vehicles tend to not utilise Emergency Lighting and Sirens while responding to Emergencies to further their Covert capacity as Unmarked/Covert vehicles.

I once again ask you to find my Client Weimerican_Boz not guilty of all charges due to the failure of the State to fulfil the Burden of Proof associated with each Charge.

Thank you.
❤️2
andysofun
andysofun 2024-11-26 07:13 p.m.
Will have mine tomorrow
andysofun
andysofun 2024-11-27 08:20 p.m.
May it please the court.
Your honor, there’s a reason why we have laws. They keep people safe. They ensure order in society. But today you heard about an officer—whose job it is to uphold those laws—ignore them. That’s why the state brought this case.
As the state, we had the burden of proof. We had to prove our charges—evasion, reckless driving, and excessive speeding—beyond a reasonable doubt.
I’ll start with the first charge, evasion. During this trial both ParkRangerBilly and mattcern testified how they engaged their lights and sirens to pull over the defendant. His response? To keep driving in the same dangerous manner. And we know this decision was willful because ParkRangerBilly crashed into the defendant’s windshield, so the defendant must’ve seen ParkRangerBilly’s attempts to stop him.
The charge of evasion has been proven beyond a reasonable doubt.
Next is reckless driving, which is driving in a manner a reasonable person would consider reckless. The defense has attempted to cast doubt on the defendant's speed by claiming that because the defendant's speed wasn't measured using "verifiable electronic means," we can't be sure whether the defendant was speeding. However, in this case, we have two credible experienced law enforcement officers testifying that the defendant was speeding and testimony about a vehicle's speed is admissible: United States v. Carlock, 806 F.2d 535, 552 (5th Cir.1986) (recognizing that a "common illustration" of an admissible opinion under Rule 701 is "an expression of opinion by a lay observer of a car's speed"). As ParkRangerBilly said, "I can say without a doubt that he was speeding," At least 100-110 mph if not more," and mattcern said, "I believe that the vehicle had to be going greater than 100 miles per hour, as when myself and the Trooper initiated the pursuit the vehicle was able to gain a sizable distance on us."
andysofun
andysofun 2024-11-27 08:20 p.m.
Taking into account all of the factors in this case: the defendant’s grossly excessive speed, cutting off mattcern in traffic, and his collision with ParkRangerBilly, this charge has been proven beyond a reasonable doubt.
andysofun
andysofun 2024-11-27 08:22 p.m.
Finally, we have excessive speeding. As the court has heard from the testimony of the two officers, the speed limit on the highway was 70 MPH.
A person would only need to go 90 MPH to be guilty of criminal speeding. How fast was the defendant going? According to ParkRangerBilly, "at least 100-110 if not more," and according to mattcern, "greater than 100 miles per hour." His speed was grossly excessive, and grossly dangerous. This charge has been proven beyond a reasonable doubt.
andysofun
andysofun 2024-11-27 08:40 p.m.
The defense responded to the state’s charges by claiming that the defendant was responding to a call in Mersea, but this claim is not shown in the evidence, and it is the defendant's burden to establish it. The defendant's claim that he was responding to an emergency call and therefore exempt from traffic laws is an affirmative defense, and the party raising the affirmative defense has the burden of proof to show through a preponderance of the evidence that it applies. The defense has done nothing more than bring up speculation as to the defendant's intent, vaguely claiming that there was some call somewhere in Mersea. The defendant's argument has been pulled out of thin air and is based entirely on speculation, and *therefore must fail as it's their burden to establish the affirmative defense. *

Further, even if the defendant did establish their affirmative defense through a preponderance of the evidence, the evidence shows that he was not operating his vehicle with due care which is a requirement under 4 M.S.C. 5 § 2302 for the defense to apply.
The defendant’s emergency lights and sirens weren’t engaged.
The defendant crashed into multiple officers.
And the defendant fled from other officers attempting to stop his dangerous behavior.
Your honor, make no mistake. Those aren’t the actions of a law enforcement officer operating their vehicle with due care in the execution their duties. Those are the actions of a dangerous criminal.
andysofun
andysofun 2024-11-27 08:42 p.m.
Your honor, we ask the court to send a clear message in this case through finding the defendant guilty on all charges. The defendant thought he could drive dangerously and put lives at risk. He thought the rules of the road were a suggestion for him. He thought he could escape justice when he fled the police.
And he thought all of that because he believed he was above the law, but no badge is above the law.
andysofun
andysofun 2024-11-27 08:42 p.m.
I yield the floor. @Kezzera @polyrabies
Kezzera
Kezzera 2024-11-29 06:17 p.m.
Thank you gentlemen
Kezzera
Kezzera 2024-11-29 06:17 p.m.
I will end proceedings here and issue judgment
Kezzera
Kezzera 2024-11-29 06:17 p.m.
Court stands in recess
shah
shah 2024-12-06 09:32 a.m.
@Kezzera
andysofun
andysofun 2024-12-12 10:48 a.m.
Boz
Boz 2024-12-15 09:38 a.m.
Are you saving this case as my Christmas present :😍:
Deverus
Deverus 2024-12-15 04:08 p.m.
...Your honour @Kezzera
Deverus
Deverus 2024-12-17 09:11 a.m.
@Kezzera Wake up
Boz
Boz 2024-12-20 08:33 p.m.
It would be rude to ping the Honorable Judge during christmas unless you're saying merry Christmas(edited)
Kezzera
Kezzera 2024-12-23 01:40 a.m.
Hello
Kezzera
Kezzera 2024-12-23 01:41 a.m.
We will look to have a verdict this week delivered remotely and I will provide opportunity for mitigating and aggravating circumstances submitted here too
KezzeraKezzera
We will look to have a verdict this week delivered remotely and I will provide opportunity for mitigating and aggravating circumstances submitted here too
andysofun
andysofun 2024-12-23 08:31 p.m.
sounds good
polyrabies
polyrabies 2024-12-23 10:34 p.m.
:👍:
Matt
Matt 2024-12-24 03:38 p.m.
Ngl i finished a semester of college in the time this case took
BozBoz
cant be worse than acerxtro
Boz
Boz 2024-12-24 10:37 p.m.
The foreshadowing...
Boz
Boz 2024-12-25 09:28 a.m.
Merry Christmas everybody!
andysofun
andysofun 2024-12-25 01:39 p.m.
merry christmas
polyrabies
polyrabies 2024-12-25 04:30 p.m.
merry christmas
Matt
Matt 2024-12-25 09:48 p.m.
do we get a happy new year as well
Boz
Boz 2024-12-25 09:52 p.m.
Maybe even gta6?
Boz
Boz 2025-01-01 12:02 a.m.
Happpy new years everbody
Boz
Boz 2025-01-01 12:02 a.m.
my new years resolution is the resolution of this case
Boz
Boz 2025-01-01 12:02 a.m.
lets leave it in 2024!
Boz
Boz 2025-01-01 12:02 a.m.
:🎊: :🔥: :💯: :🎂:
Matt
Matt 2025-01-03 07:41 p.m.
woo hoo happy new year
Matt
Matt 2025-01-03 07:41 p.m.
i forgot to do this earlier :😭:
polyrabies
polyrabies 2025-01-08 08:30 p.m.
@Kezzera Can we please get a ruling on this?
polyrabies
polyrabies 2025-01-08 08:33 p.m.
Or a timeframe as to when we can expect the court to rule on this?
Boz
Boz 2025-01-11 06:56 p.m.
Kind of stopped playing the game chat
shah
shah 2025-01-11 07:15 p.m.
U not allowed to leave . @Boz
polyrabies
polyrabies 2025-01-11 07:18 p.m.
I would like the record to reflect that it has been 123 DAYS since this case has been docketed, my Client is yet to even receive a ruling in relation to this case.
polyrabies
polyrabies 2025-01-11 07:19 p.m.
Real world days just for the record)
polyrabies
polyrabies 2025-01-11 07:22 p.m.
And for the record, my Client has became demotivated and emotionally scarred resulting in him not wanting to even play the Clark County game due to facing allegations of multiple felony counts, which to this day haven't even been ruled on.
polyrabies
polyrabies 2025-01-11 07:27 p.m.
@brawladdie I call on you to use CA Intervention to drop this case, no Clark County player should be waiting 123 REAL WORLD DAYS for their Court Case to conclude, it's literally lead my Client to become demotivated from playing the game.
andysofun
andysofun 2025-01-11 08:58 p.m.
nuh uh
andysofun
andysofun 2025-01-11 08:58 p.m.
this court is just so realistic that it takes half a year for a case to finish
polyrabies
polyrabies 2025-01-11 09:01 p.m.
No this court is impeding the gameplay of our community members
polyrabies
polyrabies 2025-01-11 09:02 p.m.
And the CA needs to step in, you can't even act as a Peace Officer while facing Criminal Charges, my client hasn't even been able to join a Law Enforcement Agency due to him facing unproven charges (hes innocent until proven guilty) which haven't even been ruled on. It's been 123 days this is unacceptable, CA needs to step in and close this case.
andysofun
andysofun 2025-01-11 09:04 p.m.
there's absolutely no reason for CA to step into a court battle
andysofun
andysofun 2025-01-11 09:05 p.m.
If you don't like this then tell the legislature to pass a speedy trial act
andysofun
andysofun 2025-01-11 09:05 p.m.
or petition the supreme court for a writ of mandamus to compel the judge to make a judgment
polyrabiespolyrabies
And the CA needs to step in, you can't even act as a Peace Officer while facing Criminal Charges, my client hasn't even been able to join a Law Enforcement Agency due to him facing...
andysofun
andysofun 2025-01-11 09:05 p.m.
and the court has found probable cause after a hearing so the restrictions are justified
polyrabies
polyrabies 2025-01-11 09:06 p.m.
It's reasonable to have CA intervene, it's effecting the experience of a community member
andysofun
andysofun 2025-01-11 09:06 p.m.
of course being a criminal defendant would effect the experience of a community member
andysofun
andysofun 2025-01-11 09:06 p.m.
maybe that's why your client shouldn't commit acts that would establish probable cause of a criminal offense
polyrabies
polyrabies 2025-01-11 09:07 p.m.
It's more then that, hes practically shadow barred from engaging in the CORE GAMEPLAY OF THIS GAME, which is holding or maintaing peace officer employment and engaging in law enforcement, hes been shadow barred for 123 days. any reasonable person would come to the conclusion that allowing a court case to go on for this long will only negatively impact the community thus warranting CA intervention. not gonna sya anything more you can agree to disagree
Deverus
Deverus 2025-01-11 11:20 p.m.
@shah Can we get a wellness check from the State Medical Board on Judge Wellesley please.
Deverus
Deverus 2025-01-11 11:23 p.m.
cc: @morale
morale
morale 2025-01-11 11:24 p.m.
Yes
morale
morale 2025-01-11 11:24 p.m.
Will do
morale
morale 2025-01-11 11:24 p.m.
@Kezzera Hello, Doctor Morale here, are you alive
Kezzera
Kezzera 2025-01-14 06:35 p.m.
I got shot
Boz
Boz 2025-01-14 07:36 p.m.
@billy lets do this gang!
Boz
Boz 2025-01-14 07:37 p.m.
Im not really sure what this case has achieved or what it can achieve
billy
billy 2025-01-14 09:00 p.m.
Guys I’m going to be honest
billy
billy 2025-01-14 09:01 p.m.
The clip I provided to doj in the doj tipline 5 months ago
billy
billy 2025-01-14 09:01 p.m.
Was completely fake and ai generated
billy
billy 2025-01-14 09:01 p.m.
@Kezzera @Boz
Boz
Boz 2025-01-14 09:02 p.m.
:😲:
billy
billy 2025-01-14 09:02 p.m.
billy
billy 2025-01-14 09:03 p.m.
Boz
Boz 2025-01-14 09:03 p.m.
you're going on the brady list.....
billybilly
Was completely fake and ai generated
polyrabies
polyrabies 2025-01-14 09:49 p.m.
Can you sign an affidavit confirming this please.
polyrabies
polyrabies 2025-01-14 09:49 p.m.
If so I'll forward one to you.
polyrabiespolyrabies
Can you sign an affidavit confirming this please.
billy
billy 2025-01-14 11:57 p.m.
andysofun
andysofun 2025-01-15 02:24 p.m.
(We’re off the record as proceedings have ended so the court shouldn’t consider these comments)
andysofun
andysofun 2025-01-15 02:24 p.m.
Not to mention he’s not under oath rn either
shah
shah 2025-01-15 02:54 p.m.
Ruling soon
shah
shah 2025-01-16 09:42 a.m.
CLERICAL NOTICE
The judgment for the case has been issued. Please check the attached PDF for details.
The sentencing has been applied in-game.

All parties of record
@Boz @andysofun @polyrabies @Deverus
shah
shah 2025-01-16 09:42 a.m.
Archiving 24h.
andysofun
andysofun 2025-01-16 10:54 a.m.
thank you people :👍:
Boz
Boz 2025-01-16 01:27 p.m.
Ok
Boz
Boz 2025-01-16 01:27 p.m.
Time to get the governor to pardon me
Boz
Boz 2025-01-16 01:27 p.m.
:🥳:
Boz
Boz 2025-01-16 01:27 p.m.
Great working with y’all
Kezzera
Kezzera 2025-01-18 06:46 p.m.
This case channel is ready for archive @honkhonk(edited)
Boz
Boz Server2025-01-18 09:12 p.m.
❤️2
Boz
Boz 2025-01-18 09:12 p.m.
ez
Kezzera
Kezzera 2025-01-18 10:40 p.m.
@honkhonk add the pardon onto the trello card
Kezzera
Kezzera 2025-01-19 10:46 p.m.
@honkhonk Record pardon and send this to archives
Exported 1499 messages